Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 13-11-2002 passed by the II Adhoc Additional Sessions Judge, Nanded in Sessions Case No.90 of 2002, whereby the trial court acquitted all three accused (husband Gajanan and his parents) of the charge under Section 302 read with Section 34 of the Indian Penal Code, 1860. The case arose from the death of a married woman by burning. The prosecution relied on two dying declarations: one recorded by the police (treated as FIR) and another recorded by a Judicial Magistrate. In the police-recorded declaration, the deceased stated that her husband poured kerosene and set her on fire, but did not implicate her in-laws. In the magistrate-recorded declaration, she implicated both her husband and her in-laws, alleging that they had tried to poison her earlier. The trial court found inconsistencies between the two declarations and also noted that the medical evidence did not support the prosecution's case. The High Court, on appeal, observed that the appeal against respondents No.2 and 3 (the in-laws) was dismissed as withdrawn on 22-03-2005. Regarding respondent No.1 (the husband), the High Court noted that the two dying declarations were inconsistent: the first only named the husband, while the second named all three. The court also noted that the medical evidence did not corroborate the dying declarations. The High Court held that the trial court's acquittal was not perverse and that there was no ground to interfere with the same. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 read with Section 34, Indian Penal Code, 1860 - The State appealed against acquittal of husband for murder of his wife by burning. The trial court acquitted all accused. The High Court found that the two dying declarations were inconsistent: one recorded by police named only the husband, while the other recorded by a magistrate implicated the husband and in-laws. The medical evidence did not support the prosecution case. Held that the trial court's acquittal was not perverse and no interference was warranted (Paras 1-10).
Issue of Consideration
Whether the acquittal of the respondent-accused for the offence of murder under Section 302 read with Section 34 of the Indian Penal Code, 1860, was justified in light of the dying declarations and other evidence.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of respondent No.1.
Law Points
- Dying declaration
- Section 302 IPC
- Section 34 IPC
- Indian Penal Code
- 1860
- Acquittal appeal
- Inconsistent dying declarations
- Benefit of doubt
