Case Note & Summary
The State of Gujarat appealed against the acquittal of Koli Rajeshbhai Chaturbhai and another for offences under Sections 302 and 498-A read with Section 114 IPC. The deceased Kasturben was married to accused Rajeshbhai and was allegedly harassed. On 05.10.1996, the accused allegedly poured kerosene and set her on fire. The deceased gave two dying declarations: one to the Executive Magistrate implicating her husband, and another to the police stating she caught fire accidentally. The trial court acquitted the accused due to inconsistencies. The High Court held that the dying declarations were contradictory and unreliable, and the trial court's findings were not perverse. The appeal was dismissed, upholding the acquittal.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Inconsistency - The court examined two dying declarations which were contradictory regarding the role of the accused. The first declaration to the Executive Magistrate implicated the husband, while the second to the police exonerated all accused. Held that such inconsistency creates doubt and the prosecution failed to prove guilt beyond reasonable doubt (Paras 5-8). B) Criminal Law - Acquittal Appeal - Scope - Interference - The High Court's power in an appeal against acquittal is limited. Unless the findings are perverse or unreasonable, the appellate court should not interfere. Held that the trial court's appreciation of evidence was plausible and not perverse (Paras 9-10). C) Criminal Law - Section 302 IPC - Murder - Dowry Death - The deceased died due to burn injuries. The prosecution alleged that the husband poured kerosene and set her on fire. However, due to inconsistent dying declarations and lack of independent witnesses, the conviction under Section 302 IPC was not sustainable. Held that benefit of doubt must be given to the accused (Paras 5-8).
Issue of Consideration
Whether the judgment of acquittal passed by the trial court is perverse and liable to be set aside, and whether the dying declarations are reliable and sufficient to convict the accused.
Final Decision
The appeal is dismissed. The judgment of acquittal passed by the Additional Sessions Judge, Dhrangadhra in Sessions Case No.89 of 1998 is confirmed.
Law Points
- Dying declaration must be consistent and reliable
- Acquittal appeal limited scope
- Benefit of doubt
- Section 302 IPC
- Section 498-A IPC
- Section 114 IPC
