Case Note & Summary
The State of Maharashtra appealed against the acquittal of Smt. Mainabai Tryambak Parnate, an elderly mother-in-law, who was accused of murdering her daughter-in-law Ujwala by setting her on fire on 17 May 2005. The incident occurred in their joint family home at Nandkhed, Akot. The prosecution alleged that after a quarrel, the accused poured kerosene on the deceased and ignited her, leading to 90% burn injuries and subsequent death in hospital. The trial court acquitted the accused after examining 14 prosecution witnesses, finding the evidence insufficient to prove guilt beyond reasonable doubt. The State contended that the dying declaration and witness statements constituted sufficient evidence. The High Court analyzed the evidence and found the dying declaration unreliable because the deceased was in critical condition, the declaration was recorded after the arrival of her father, suggesting possible tutoring, and the deceased had a history of psychiatric treatment and deteriorating health, including tumors. Crucially, material witnesses were not examined: the two children of the deceased who were present in the house, and the treating psychiatrist Dr. Sujay Patil. The prosecution suppressed the statement of Vivek, the son of the deceased, who stated that the accused was in the kitchen at the time of the incident, contradicting the prosecution narrative. Other neighbors turned hostile, and the father’s evidence contained material omissions. The court held that the dying declaration was doubtful and could not form the sole basis for conviction. The suppression of the genesis of the crime and the non-examination of key witnesses entitled the accused to the benefit of doubt. As the trial court’s view was not perverse, the High Court declined to interfere in the acquittal appeal and dismissed the appeal, confirming the acquittal with no order as to costs.
Headnote
A) Evidence - Dying Declaration - Reliability - Indian Evidence Act, 1872 Section 32 - Deceased sustained 90% burn injuries and was in critical condition; dying declaration recorded after arrival of father, raising possibility of tutoring. Dying declaration held unreliable, entitling accused to benefit of doubt (Paras 6,10). B) Evidence - Non-examination of Material Witnesses - Indian Evidence Act, 1872 Section 114(g) - Children of deceased who were present in the house and treating psychiatrist not examined, drawing adverse inference. Failure to examine material witnesses creates doubt about prosecution case (Paras 7-8). C) Criminal Trial - Suppression of Genesis of Crime - Code of Criminal Procedure, 1973 Section 173 - Statement of son Vivek, who stated accused was in kitchen at time of incident, not filed on record, indicating suppression. Prosecution must place all material before court; suppression leads to acquittal (Para 8). D) Appeal against Acquittal - Scope of Interference - Code of Criminal Procedure, 1973 Section 378 - Appellate court not to interfere unless trial court's view is perverse. Trial court's acquittal not perverse when prosecution evidence weak and witnesses hostile (Paras 9-10). E) Circumstantial Evidence - Motive and Probability - Indian Penal Code, 1860 Section 302 - Accused a 65-year-old mother-in-law, deceased had health issues and psychiatric treatment, no motive. In absence of cogent evidence, conviction not sustainable (Paras 7,10).
Issue of Consideration
Whether the trial court's acquittal was justified when the prosecution's case relied primarily on a dying declaration that was doubtful due to inconsistencies, non-examination of material witnesses, and suppression of the genesis of the crime.
Final Decision
The High Court dismissed the appeal, upholding the acquittal. The court held that the dying declaration was doubtful due to the deceased's critical condition (90% burns), the possibility of tutoring, the non-examination of material witnesses (children present in the house and the treating psychiatrist), and the suppression of the genesis of the crime (statement of son Vivek not filed). The trial court's view was not perverse.
Law Points
- Dying declaration must be free from doubt and corroborated
- benefit of doubt when prosecution fails to examine material witnesses
- acquittal appeals - view of trial court not perverse unless findings are perverse
- dying declaration not reliable when deceased had 90% burns and her condition critical
- suppression of genesis of crime by prosecution merits acquittal
