Case Note & Summary
The State of Maharashtra appealed against the judgment and order of acquittal dated 1st April 2002 passed by the 3rd Additional Sessions Judge, Kalyan, in Sessions Case No. 18 of 1999, acquitting the respondents (original accused) for offences punishable under Sections 302, 177 read with 34 of the Indian Penal Code (IPC). The prosecution case was that the deceased, Jyoti @ Roma, was married to accused Mukesh Bhojraj Puraswami (A-1) in 1995. After marriage, A-1 allegedly used to beat the deceased after consuming liquor, and on 20th November 1998, the deceased informed her mother (PW-1) that A-1 was demanding her ornaments and she was being beaten for not obliging. On 23rd November 1998, the deceased died. The informant (PW-1) received a phone call that the deceased had fallen from the staircase. When she saw the dead body, she noticed a black mark with a weal on the neck and a protruding tongue, leading her to believe that the deceased was strangulated. The FIR was lodged against A-1, his brother Kamlesh (A-2), mother Memabai (A-3), and sister Renu (A-4) for murder and causing disappearance of evidence. The trial court acquitted all accused. The State appealed. The High Court examined the evidence, including the testimony of PW-3 (elder sister of deceased) who claimed the deceased made an oral dying declaration implicating the accused. The court found that the dying declaration was not reliable as PW-3 did not inform anyone about it until later, and the medical evidence did not support strangulation. The post-mortem report indicated death due to asphyxia but could not rule out accidental fall. The court held that the prosecution failed to prove homicidal death beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Appeal against Acquittal - Standard of Proof - The High Court, while hearing an appeal against acquittal, must not interfere unless the trial court's findings are perverse or based on no evidence. The presumption of innocence in favour of the accused is strengthened by acquittal. (Paras 1-17) B) Evidence Act - Dying Declaration - Credibility - A dying declaration must be reliable and free from tutoring. In this case, the alleged oral dying declaration to PW-3 was not corroborated by medical evidence or other circumstances, and the conduct of PW-3 was inconsistent with a genuine dying declaration. (Paras 8-12) C) Indian Penal Code, 1860 - Sections 302, 177, 34 - Murder and Causing Disappearance of Evidence - The prosecution failed to prove that the deceased died a homicidal death. The medical evidence (post-mortem) did not conclusively establish strangulation, and the theory of fall from staircase could not be ruled out. The acquittal of all accused was upheld. (Paras 13-17)
Issue of Consideration
Whether the judgment of acquittal passed by the trial court was perverse and liable to be set aside?
Final Decision
The High Court dismissed the appeal and upheld the acquittal of all respondents.
Law Points
- Appeal against acquittal
- presumption of innocence
- standard of proof in criminal cases
- benefit of doubt
- dying declaration
- circumstantial evidence
- dowry death
- Section 302 IPC
- Section 177 IPC
- Section 34 IPC
