Case Note & Summary
The appellants, Rehman Pirmohammed Shaikh (accused No.1, husband) and two others (accused Nos.2 and 3, in-laws), were convicted by the Ad-hoc Additional Sessions Judge, Pune in Sessions Case No.76 of 2002 for offences under Sections 302, 304-B, 498-A of the Indian Penal Code, 1860 (IPC) and Sections 3, 4 of the Dowry Prohibition Act, 1961. The prosecution case was that the deceased Yasmin was married to accused No.1 and was ill-treated by the accused for not conceiving immediately after marriage. On 8.7.2001 at about 10.00 a.m., the accused allegedly abused, assaulted, poured kerosene on her, and set her on fire. She was admitted to the hospital where her dying declaration was recorded, based on which an FIR was registered. The trial court convicted all three accused. On appeal, the Bombay High Court reappreciated the evidence. The court noted that there were two dying declarations: one recorded by the Executive Magistrate and another recorded by the police. These declarations were contradictory regarding the role of the accused and the manner of the incident. The court found that the dying declarations were not consistent and lacked corroboration from other evidence. The court also observed that the allegations of ill-treatment for not conceiving did not amount to cruelty or dowry demand as required under Sections 304-B and 498-A IPC. Consequently, the court held that the prosecution failed to prove its case beyond reasonable doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted. The court directed that the appellants be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistency - The court examined two dying declarations of the deceased which were contradictory regarding the role of the accused and the manner of incident - Held that when dying declarations are inconsistent and not corroborated by other evidence, conviction cannot be sustained (Paras 4-6). B) Criminal Law - Section 304-B IPC - Dowry Death - Ingredients - The prosecution failed to establish that the deceased was subjected to cruelty or harassment for dowry soon before her death - The evidence of ill-treatment for not conceiving does not amount to dowry demand - Held that essential ingredients of Section 304-B IPC are not satisfied (Paras 3-6). C) Criminal Law - Section 498-A IPC - Cruelty - The allegations of ill-treatment for not conceiving do not constitute cruelty under Section 498-A IPC as there was no demand for dowry or willful conduct likely to drive the woman to suicide - Held that conviction under Section 498-A IPC is not sustainable (Paras 3-6). D) Criminal Law - Section 302 IPC - Murder - The dying declarations are contradictory and do not inspire confidence - The prosecution failed to prove beyond reasonable doubt that the accused caused the death of the deceased - Held that the accused are entitled to acquittal (Paras 4-6).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 304-B, 498-A IPC and Sections 3, 4 of Dowry Prohibition Act, 1961 is sustainable based on the dying declarations and other evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence passed by the Ad-hoc Additional Sessions Judge, Pune in Sessions Case No.76 of 2002 on 13.01.2003 are set aside. The appellants are acquitted of all charges. They are directed to be set at liberty forthwith unless required in any other case.
Law Points
- Dying declaration must be consistent and reliable
- Conviction cannot be based on contradictory dying declarations
- Benefit of doubt to accused
- Section 304-B IPC requires proof of dowry death soon before marriage
- Section 498-A IPC requires cruelty
- Section 302 IPC requires intention to cause death
