Case Note & Summary
The State of Gujarat appealed against the judgment and order dated 24.06.1997 passed by the learned Additional Sessions Judge, Valsad at Navsari in Sessions Case No.98 of 1995, whereby the trial court acquitted the original accused (respondents) for offences punishable under Sections 498A, 302, 114 etc of the Indian Penal Code. The case of the prosecution was that Manisha, married to Pramodbhai on 29.05.1994, sustained burn injuries on 03.04.1995. Initially, she stated that she sustained burns while heating water. Later, she gave a complaint alleging cruelty by her in-laws and attempted suicide. Her dying declaration was recorded on 03.04.1995 by the Executive Magistrate. She was treated at various hospitals and died on 26.04.1995. The prosecution alleged that the accused subjected her to cruelty and caused her death. The trial court acquitted the accused, finding the dying declarations inconsistent and unreliable. The High Court, in appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, examined the evidence. The court noted that the first dying declaration indicated accidental burns, while the later ones alleged cruelty. The medical evidence did not conclusively prove homicide. The court held that the prosecution failed to prove the charges beyond reasonable doubt. The dying declarations were contradictory and not corroborated by other evidence. The court found no perversity in the trial court's judgment and dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Dying Declaration - Evidentiary Value - Inconsistency - The court examined the evidentiary value of dying declarations and held that when there are inconsistencies between multiple dying declarations, the court must scrutinize them carefully and if they are not reliable, the accused is entitled to benefit of doubt. (Paras 1-14) B) Criminal Law - Murder - Section 302 IPC - Acquittal - The court upheld the acquittal as the prosecution failed to prove the homicidal death of the deceased and the dying declarations were contradictory, making the case not proved beyond reasonable doubt. (Paras 1-14) C) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - Acquittal - The court found no evidence of cruelty or harassment for dowry, and the dying declarations did not support the prosecution case, hence the acquittal was confirmed. (Paras 1-14)
Issue of Consideration
Whether the trial court's acquittal of the respondents for offences under Sections 498A, 302, 114 of the Indian Penal Code was perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondents.
Law Points
- Dying declaration
- evidentiary value
- inconsistency
- acquittal
- Section 302 IPC
- Section 498A IPC
- Section 114 IPC
- Code of Criminal Procedure
- 1973 Section 378
