Case Note & Summary
The appellants, Chandar s/o Laxman Rakhunde and Shobha w/o Chandar Rakhunde, were convicted by the Additional Sessions Judge, Jalgaon, for the murder of their daughter-in-law Ujwala under Section 302 IPC read with Section 34 IPC and sentenced to life imprisonment. The prosecution alleged that the appellants demanded Rs. 10,000 from Ujwala's parents for purchasing an auto rickshaw and treated her with cruelty when the demand was not met. On 7.3.2007, Ujwala suffered burn injuries and later died. The prosecution relied on a dying declaration allegedly made by Ujwala to her mother Tolabai (PW3) and brother Sonu (PW4), stating that the appellants had set her on fire. However, the dying declaration was not recorded by a Magistrate, and there were inconsistencies in the testimonies of the witnesses. The High Court found that the dying declaration was not reliable as it was not free from tutoring and lacked corroboration. The circumstantial evidence, including the alleged demand of dowry, was insufficient to establish a complete chain of circumstances leading to the guilt of the appellants. The court held that the prosecution failed to prove its case beyond reasonable doubt and accordingly allowed the appeal, setting aside the conviction and acquitting the appellants.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Section 32 of Indian Evidence Act, 1872 - The dying declaration must be consistent and free from suspicion; in this case, the dying declaration was not recorded by a Magistrate and there were inconsistencies, hence not reliable (Paras 10-15). B) Criminal Law - Circumstantial Evidence - Chain of Circumstances - The prosecution failed to establish a complete chain of circumstances pointing to the guilt of the appellants; the evidence of demand of dowry and cruelty was not sufficient to prove murder (Paras 16-20). C) Criminal Law - Benefit of Doubt - Acquittal - When the prosecution fails to prove its case beyond reasonable doubt, the accused is entitled to acquittal; the appellants were acquitted of the charge under Section 302 IPC (Paras 21-22).
Issue of Consideration
Whether the conviction of the appellants under Section 302 IPC read with Section 34 IPC based on dying declaration and circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction under Section 302 IPC read with Section 34 IPC set aside. Appellants acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Dying declaration must be reliable and free from tutoring
- Circumstantial evidence must form complete chain
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
