Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 20th March 1991 passed by the learned Sessions Judge, Pune in Sessions Case No.33 of 1990, whereby the respondents (accused no.1 Sampat Babso Kale and accused no.2 Tarabai Dhanaji Dhaigude) were acquitted of charges under Sections 302 and 498A of the Indian Penal Code, 1860 (IPC) individually and read with Section 34 IPC. The prosecution alleged that the accused subjected the deceased Sharada to cruelty because she could not conceive, and on 9th July 1989 at about 1:30 am, they poured kerosene on her and set her on fire. The deceased was taken to Sassoon Hospital where she succumbed to burns. The trial court acquitted the accused, finding the evidence insufficient. The High Court, in appeal, examined the evidence including the dying declarations of the deceased, which were found to be inconsistent and unreliable. The court noted that the prosecution witnesses, including the father of the deceased (PW4), gave vague testimony about ill-treatment and did not corroborate the dying declarations. The medical evidence also did not support the prosecution's case. The High Court held that the trial court's findings were not perverse and that the prosecution failed to prove the charges beyond reasonable doubt. Consequently, the appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Acquittal Appeal - Standard of Review - In an appeal against acquittal, the appellate court should not interfere unless the findings are perverse or unreasonable. The presumption of innocence is strengthened by acquittal. (Paras 1-2) B) Criminal Law - Dying Declaration - Evidentiary Value - A dying declaration must be consistent and reliable. In this case, the dying declarations were contradictory and not corroborated by medical evidence, hence not trustworthy. (Paras 3-5) C) Criminal Law - Section 498A IPC - Cruelty - The prosecution failed to prove that the deceased was subjected to cruelty for dowry or any other reason. The allegations of ill-treatment were vague and uncorroborated. (Paras 2-3) D) Criminal Law - Section 302 IPC - Murder - The prosecution could not establish that the accused caused the death of the deceased. The evidence of witnesses was inconsistent and the dying declarations were unreliable. (Paras 3-5)
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 302 and 498A IPC is sustainable in law.
Final Decision
Appeal dismissed. Acquittal of respondents upheld.
Law Points
- Acquittal appeal
- Dying declaration
- Section 302 IPC
- Section 498A IPC
- Section 34 IPC
- Standard of proof in criminal appeal against acquittal
- Credibility of witnesses
- Circumstantial evidence
