Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 11.10.1999 passed by the learned Sessions Judge, Bharuch in Sessions Case No.226/1997. The respondent-accused, Ahmed Ali Fofrayela, was acquitted of charges under Sections 302 and 506(1) of the Indian Penal Code, 1860. The prosecution case was that on 31.05.1997, the accused, who was the brother-in-law of the deceased complainant, demanded money from her. When she refused, he threatened to click obscene photographs and defame her. Subsequently, while the complainant was cleaning a primus stove, the accused sprinkled kerosene from it on her and set her ablaze. She sustained severe burn injuries and died during treatment on 03.09.1997. An FIR was registered on 02.06.1997 under Sections 307 and 506(1) IPC, and after her death, Section 302 IPC was added. The trial court acquitted the accused, leading to this appeal. The learned Additional Public Prosecutor, Ms. Shruti Pathak, argued that the trial court erred in appreciating the evidence, particularly the two consistent dying declarations and the testimony of an independent witness. The respondent's advocate, Mr. Adilhushain M. Saiyed, supported the acquittal. The High Court examined the evidence and found that the two dying declarations were inconsistent with each other and with the medical evidence. The court noted that the trial court's findings were plausible and not perverse. The High Court dismissed the appeal, upholding the acquittal, as the prosecution failed to prove the case beyond reasonable doubt.
Headnote
A) Criminal Law - Murder - Dying Declaration - Sections 302, 506(1) IPC - The prosecution relied on two dying declarations which were found to be inconsistent with each other and with medical evidence - The High Court held that the trial court's acquittal was not perverse as the dying declarations lacked reliability and corroboration - Held that the appellate court should not interfere unless the findings are perverse or unreasonable (Paras 5-10). B) Criminal Procedure - Appeal Against Acquittal - Section 378 CrPC - The High Court reiterated the settled principle that in an appeal against acquittal, the appellate court should not reverse the judgment unless the trial court's findings are perverse or based on no evidence - Held that the trial court's appreciation of evidence was plausible and did not warrant interference (Paras 11-12).
Issue of Consideration
Whether the impugned judgment of acquittal passed by the learned Sessions Court is perverse and requires interference by this Court in an appeal against acquittal under Section 378 of CrPC.
Final Decision
The High Court dismissed the appeal and upheld the judgment of acquittal passed by the learned Sessions Judge, Bharuch in Sessions Case No.226/1997.
Law Points
- Dying declaration must be consistent and reliable
- corroboration with medical evidence essential
- benefit of doubt in case of contradictions
- appellate court's limited scope in acquittal appeals
