Case Note & Summary
The appellant, Abdul Riyaz Abdul Bashir, was convicted by the 2nd Adhoc Additional Sessions Judge, Achalpur in Sessions Case No. 57/2005 for the murder of his wife Nargis under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the appellant married Nargis on 21.5.2003. Initially, they lived in a joint family, but due to complaints of ill-treatment, they moved separately. Three days before 15.1.2005, Nargis went to her parents' house to fetch Rs. 1500/- for the appellant but could only bring Rs. 1000/-. The accused were annoyed and quarreled with her. It was alleged that the appellant gave a can of kerosene to Nargis, who poured it on herself, and the appellant set her on fire. Nargis died from burn injuries. The trial court convicted the appellant, but acquitted the other four accused. The appellant appealed to the Bombay High Court. The High Court examined the evidence, including the dying declaration and testimony of witnesses. The court found that the dying declaration was not reliable as it was not recorded by a magistrate and the witnesses gave inconsistent versions. The prosecution failed to prove the chain of circumstances. The court held that the conviction was unsustainable and set it aside, acquitting the appellant of all charges.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - The appellant was convicted for murder of his wife based on circumstantial evidence. The court held that the prosecution failed to prove the chain of circumstances leading to the only hypothesis of guilt. The dying declaration and oral testimony of witnesses were inconsistent and unreliable. The court set aside the conviction and acquitted the appellant. (Paras 1-20) B) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113-B Evidence Act - The court noted that the prosecution did not charge the appellant under Section 304-B IPC, and the evidence of dowry demand was weak. The presumption under Section 113-B of the Evidence Act could not be invoked. (Paras 2-10) C) Criminal Law - Cruelty by Husband - Section 498-A IPC - The appellant was acquitted of the charge under Section 498-A IPC as the evidence of cruelty was not established beyond reasonable doubt. The witnesses turned hostile and the prosecution case was inconsistent. (Paras 5-15)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the trial court are set aside. The appellant is acquitted of all charges. He is directed to be set at liberty forthwith.
Law Points
- Circumstantial evidence
- Dowry death
- Section 302 IPC
- Section 304-B IPC
- Section 498-A IPC
- Presumption under Section 113-B Evidence Act
- Inconsistencies in prosecution case
- Benefit of doubt
