Case Note & Summary
The appellants, Sau. Shobha Gurunath Mali, Machhindranath Gurunath Mali, and Gurunath Krushna Mali, were convicted by the 2nd Additional Sessions Judge, Thane in Sessions Case No.22 of 2013 for the murder of Reshma, wife of appellant no.2, under Section 302 read with 34 IPC and sentenced to life imprisonment. The marriage of Machhindra (appellant no.2) with Reshma was solemnized on 4th March 2009, and they had a daughter named Tanishka in 2010. The family was engaged in fish trading. On 6th September 2012, Umesh, brother of Reshma, received a call that Reshma had fallen from a staircase and was admitted to hospital. He later learned that Reshma was declared dead on admission. Suspecting foul play, the family lodged a report on 7th September 2012, leading to registration of AD No.113 of 2012. Subsequently, PW1 Umesh lodged a complaint alleging harassment and ill-treatment for dowry. The trial court convicted the appellants based on circumstantial evidence and a dying declaration. The High Court, in appeal, examined the evidence and found that the prosecution failed to prove that the death was homicidal or that the deceased was subjected to cruelty for dowry soon before her death. The dying declaration was found inconsistent with medical evidence and not reliable. The court held that the essential ingredients of dowry death under Section 304B IPC were not established, and the presumption under Section 113B of the Evidence Act could not be invoked. Consequently, the conviction under Section 302 IPC was set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 IPC - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt - Prosecution failed to prove that death was homicidal or that deceased was subjected to cruelty for dowry - Held that conviction cannot be sustained (Paras 1-18). B) Criminal Law - Dowry Death - Section 304B IPC - Essential ingredients of dowry death not established - No evidence of demand of dowry or harassment soon before death - Held that presumption under Section 113B Evidence Act not attracted (Paras 10-15). C) Evidence Law - Dying Declaration - Credibility - Dying declaration recorded by Executive Magistrate must be voluntary and truthful - Inconsistencies in dying declaration and medical evidence create doubt - Held that dying declaration cannot be sole basis for conviction (Paras 16-18).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with 34 IPC for murder of Reshma is sustainable based on circumstantial evidence and alleged dowry harassment.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted of all charges.
Law Points
- Section 302 IPC
- Section 304B IPC
- Section 498A IPC
- Dowry Prohibition Act
- circumstantial evidence
- presumption under Section 113B Evidence Act
- dying declaration
- medical evidence
