Case Note & Summary
The appellants, five family members, were convicted by the Additional Sessions Judge, Pusad, for offences under Section 498A read with Section 34 IPC and Section 304B read with Section 34 IPC, and sentenced to three years rigorous imprisonment and life imprisonment respectively. They were acquitted of Section 302 IPC. The deceased Pushpa married appellant No.1 Anil on 9.5.1999, suffered burn injuries on 23.10.1999, and died on 1.11.1999. Her father lodged a report alleging dowry harassment and that appellant No.3 poured kerosene and appellant No.4 pushed her into the hearth. The prosecution relied on dying declarations made to PW1, PW2, and others. The High Court found that the dying declarations were inconsistent: one attributed the incident to an accident, another implicated only two accused, and the FIR implicated all five. The court noted that the dying declarations were not corroborated by medical evidence or independent witnesses. The court held that the inconsistencies create reasonable doubt, and the prosecution failed to prove the dowry demand and harassment shortly before death. Consequently, the appeal was allowed, the convictions were set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Dying Declaration - Inconsistencies - The prosecution relied on multiple dying declarations which were inconsistent with each other and with the FIR. The court held that such inconsistencies create doubt and the accused are entitled to benefit of doubt. (Paras 5-10) B) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - Dowry Demand - The evidence of dowry demand was vague and not corroborated by independent witnesses. The court found the conviction under Section 498A also unsustainable. (Paras 5-10)
Issue of Consideration
Whether the conviction of the appellants under Sections 498A and 304B read with Section 34 IPC is sustainable based on the dying declarations and other evidence.
Final Decision
Appeal allowed. Convictions and sentences set aside. Appellants acquitted of all charges.
Law Points
- Dowry death
- Section 304B IPC
- Dying declaration
- Corroboration
- Inconsistencies
- Benefit of doubt
