Case Note & Summary
The State of Maharashtra appealed against the acquittal of five accused persons charged under Sections 498A and 302 read with 34 IPC for the dowry death of Vandana Bardia. The prosecution case relied heavily on a dying declaration recorded by PW2, a Special Judicial Magistrate, on 13 March 1994 at Sassoon Hospital. In that declaration, the deceased implicated all five accused, alleging that they threatened to kill her, poured kerosene, and set her on fire. However, the trial court acquitted the accused, finding the dying declaration unreliable. The High Court, in this appeal, examined the evidence and noted that the deceased herself stated in the dying declaration that she was not conscious on the day of the incident and did not understand her earlier statement. The medical officer who certified her fitness was not examined, and there were contradictions between the dying declaration and the earlier statement recorded by the investigating officer. The court held that the dying declaration lacked credibility and corroboration. Applying the settled principle that in an appeal against acquittal, the appellate court should not interfere unless the findings are perverse, the High Court found no perversity in the trial court's reasoning. Consequently, the appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 32 Indian Evidence Act, 1872 - The court examined the dying declaration recorded by PW2, a Special Judicial Magistrate, and found it unreliable due to the deceased's statement that she was not conscious on the day of the incident and the lack of corroboration from the medical officer regarding her fit state of mind. The court held that the dying declaration must be consistent and credible, and the trial court's acquittal was not perverse. (Paras 1-10) B) Criminal Procedure - Appeal against Acquittal - Section 378 Cr.P.C. - The court reiterated that in an appeal against acquittal, the appellate court should not interfere unless the findings are perverse or unreasonable. The trial court's appreciation of evidence was plausible, and the acquittal was upheld. (Paras 1-10)
Issue of Consideration
Whether the dying declaration recorded by the Judicial Magistrate was reliable and sufficient to convict the accused for offences under Sections 498A, 302 read with 34 IPC, and whether the trial court's acquittal was perverse.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the Additional Sessions Judge, Pune, is upheld.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- reliability
- corroboration
- fit state of mind
- medical certificate
- contradiction
- acquittal
- Section 378 Cr.P.C.
- appeal against acquittal
- presumption of innocence
