Case Note & Summary
The State of Maharashtra preferred an appeal against the acquittal of the respondent (accused) under sections 302 and 498A of the Indian Penal Code by the Additional Sessions Judge, Dhule. The deceased, wife of the accused, suffered 99% burn injuries on 29.11.1997 and died the same day. According to the prosecution, the accused, suspecting her chastity, poured kerosene and set her on fire. A dying declaration was recorded by an Executive Magistrate after a doctor certified fitness. The trial court held the death homicidal but disbelieved the dying declarations and acquitted the accused. The State argued that the trial court erred in rejecting credible dying declarations. The accused's counsel submitted that the trial court's view was reasonable and possible, and no interference was warranted in an appeal against acquittal, relying on State of Maharashtra v. Nanasaheb Bhikaji Tambe. The High Court's decision is not available in the provided text.
Issue of Consideration
Whether the trial court's acquittal of the accused for offences under sections 302 and 498A of the Indian Penal Code on the ground that the dying declarations were not reliable, was justified and whether the appeal against acquittal should be allowed.
Case Details
2017 LawText (BOM) (08) 32
Criminal Appeal No. 223 of 1999 with Criminal Revision Application No. 99 of 1999
S.S. Shinde, S.M. Gavhane
P.G. Borade, S.V. Dixit, Chaitanya Deshpande
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against acquittal and revision against the same acquittal in a dowry death case.
Remedy Sought
Appellant State sought to set aside the acquittal and convict the accused under sections 302 and 498A IPC; revision applicant (father of deceased) also sought reversal of acquittal.
Filing Reason
The trial court acquitted the accused despite the prosecution relying on a written dying declaration and oral dying declarations.
Previous Decisions
Additional Sessions Judge, Dhule in Sessions Case No.17/1998, by judgment dated 29.01.1999, held the death homicidal but acquitted the accused, finding the dying declarations unreliable.
Issues
Whether the trial court erred in disbelieving the written and oral dying declarations and acquitting the accused under sections 302 and 498A IPC.
Submissions/Arguments
The APP argued that the trial court failed to appreciate the dying declaration recorded by the Executive Magistrate and the oral dying declarations made to PWs 4 and 6, and that the view taken was not a possible view.
The accused's counsel submitted that the trial court's view was reasonable and possible, and that an appeal against acquittal should not be entertained unless substantial and compelling grounds exist; reliance was placed on State of Maharashtra v. Nanasaheb Bhikaji Tambe.
Judgment Excerpts
the trial Court held that the death of the deceased is homicidal and that the prosecution has failed to prove the offences under Section 302 and 498A of the IPC
An acquitted accused should not be put in peril of conviction save where substantial and compelling ground exists for such a course.
Procedural History
On 29.11.1997, the incident occurred; the deceased was set on fire and a dying declaration was recorded. Same day she died, and sections 307 later 302 IPC were added. After investigation, charge sheet was filed. The case was committed to Sessions Court. The trial resulted in acquittal on 29.01.1999. The State appealed and the father filed revision. The High Court heard the matters on 08.06.2017 and reserved judgment, pronouncing it on 04.08.2017.
Acts & Sections
- Indian Penal Code, 1860: 302, 498A, 307
- Code of Criminal Procedure, 1973: 313
