Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 4.5.1999 passed by the learned 2nd Additional Sessions Judge, Wardha in Sessions Trial No.133 of 1994, whereby the respondents/accused, Natthu s/o Laxman Thutarkar and Maroti s/o Laxman Thutarkar, were acquitted of the offences punishable under Sections 498-A and 306 of the Indian Penal Code. The prosecution case was that the deceased Leelabai, wife of accused Natthu, was a vegetable vendor and the accused used to demand money from her to consume liquor, causing harassment. On 14.2.1994, she poured kerosene on herself and set herself on fire, suffering 99% burns, and died the next day. The prosecution relied on two dying declarations: one recorded by PSI Sheikh (Exh.25) and another by Head Constable Dewande (Exh.31). The trial court acquitted the accused, finding the dying declarations inconsistent and unreliable. The High Court, in appeal, examined the evidence and found that the dying declarations were contradictory regarding the presence of the accused at the time of the incident and the nature of harassment. The court noted that the deceased had stated in one declaration that she set herself on fire due to quarrels with her husband and brother-in-law over money for liquor, but in another declaration she stated that she was alone at home and set herself on fire because she was fed up with life. The court also observed that the nephew Rupesh, who tried to extinguish the fire, did not support the prosecution case. The High Court held that the trial court's acquittal was based on a proper appreciation of evidence and that the prosecution failed to prove the charges beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistencies - The dying declarations of the deceased were found to be inconsistent with each other and with the oral evidence, making them unreliable for conviction - Held that the trial court's acquittal based on such inconsistencies was proper (Paras 5-7). B) Criminal Law - Abetment of Suicide - Section 306 IPC - Ingredients - Mere demand of money for liquor and quarrels does not amount to abetment of suicide unless there is instigation or active participation - Held that the prosecution failed to establish the ingredients of abetment (Para 8). C) Criminal Law - Cruelty by Husband or Relatives - Section 498-A IPC - Proof - The allegation of harassment for money to consume liquor was not corroborated by independent evidence and the dying declarations were contradictory - Held that the acquittal under Section 498-A was justified (Paras 5-8).
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 498-A and 306 of the Indian Penal Code was justified based on the evidence on record.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned 2nd Additional Sessions Judge, Wardha in Sessions Trial No.133 of 1994 is confirmed.
Law Points
- Dying declaration must be consistent and reliable
- Abetment of suicide requires direct or indirect act of instigation
- Section 498-A IPC requires cruelty as defined
- Acquittal can be upheld if prosecution fails to prove guilt beyond reasonable doubt
