Case Note & Summary
The State of Maharashtra appealed against the acquittal of Jubedabai and Ayyubshah (respondents/accused) by the Additional Sessions Judge, Akola, for offences under Sections 498-A, 304-B, and 302 read with Section 34 of the Indian Penal Code. The deceased Nasimbano was married to accused no.2 Ayyubshah seven years prior and lived with him and her mother-in-law, accused no.1 Jubedabai. The prosecution alleged that the accused ill-treated Nasimbano for money, leading her to file a complaint under Section 498-A, which was later withdrawn after assurances. On the day of the incident, Nasimbano was set on fire by the accused pouring kerosene, suffered 60% burns, and died. Her dying declaration was recorded by an Executive Magistrate, and she also made an oral dying declaration implicating accused no.1, while stating accused no.2 merely watched. The trial court acquitted the accused, finding the dying declarations unreliable due to inconsistencies and the deceased being under medication. The High Court upheld the acquittal, noting that the dying declarations were contradictory and not corroborated, and the prosecution failed to prove cruelty for dowry soon before death. The appeal was dismissed.
Headnote
A) Evidence Law - Dying Declaration - Reliability - Dying declaration recorded by Executive Magistrate must be free from tutoring and made in a fit state of mind - The deceased was under the influence of medication and the declarations were contradictory, hence not reliable - Held that conviction cannot be based on such dying declarations without corroboration (Paras 5-10). B) Criminal Law - Dowry Death - Section 304-B IPC - Ingredients - Demand of dowry and death within seven years of marriage - The prosecution failed to prove that the deceased was subjected to cruelty or harassment for dowry soon before her death - Held that the presumption under Section 113-B of the Evidence Act cannot be invoked (Paras 5-10). C) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - The dying declarations being unreliable, there was no other evidence to prove that the accused set the deceased on fire - Held that the acquittal was justified (Paras 5-10).
Issue of Consideration
Whether the dying declarations of the deceased were reliable and sufficient to convict the accused for offences under Sections 498-A, 304-B, and 302 read with Section 34 of the Indian Penal Code.
Final Decision
The High Court dismissed the appeal and upheld the order of acquittal passed by the Additional Sessions Judge, Akola.
Law Points
- Dying declaration
- reliability of dying declaration
- corroboration of dying declaration
- Section 304-B IPC
- Section 498-A IPC
- Section 302 IPC
- Section 34 IPC
