Case Note & Summary
The case arises from a criminal appeal filed by the defacto complainant (father of the deceased) under Section 372 CrPC against the judgment of acquittal dated 02.04.2019 passed by the Additional District Court (Fast Track), Sriperumbudur in S.C.No.107 of 2015. The respondents (A1 to A5) were charged under Sections 147, 148, 342 and 302 read with 149 IPC for allegedly pouring petrol on the deceased and setting him ablaze on 07.09.2014. The prosecution case was that on 06.09.2014, A2 quarrelled with PW1 alleging that his son (the deceased) had taken photographs of A2's daughter bathing. A2 threatened to bring relatives for a panchayat. On 07.09.2014, the deceased left his house at 3 a.m. on his motorcycle to attend nature's call and returned screaming that five persons had waylaid and chased him. He was taken to hospital where he allegedly gave a dying declaration naming the accused. He died on 09.09.2014. The Trial Court acquitted all accused, finding the prosecution evidence unreliable. The High Court examined the appeal. The main legal issues were whether the dying declaration was credible and whether the acquittal was perverse. The appellant argued that the dying declaration clearly implicated the accused. The respondents contended that the declaration was not recorded by a Magistrate, no doctor certified the deceased's consciousness, and all material witnesses turned hostile. The court analyzed the evidence: PW1 (father) turned hostile, PW2 (uncle) turned hostile, and the doctors did not support the prosecution. The dying declaration was not recorded under Section 32 of the Evidence Act as per settled law. The court held that the Trial Court's findings were not perverse and that the prosecution failed to prove guilt beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Procedure Code - Appeal against acquittal - Section 372 CrPC - Scope of interference - The High Court in an appeal against acquittal can interfere only if the findings of the Trial Court are perverse or based on no evidence. The appellate court should not lightly reverse an acquittal unless there are compelling reasons. (Paras 1-10) B) Evidence Act - Dying declaration - Reliability - The dying declaration of the deceased was not recorded by a Magistrate or in the presence of a doctor certifying consciousness. The witnesses to the declaration turned hostile, and the declaration was inconsistent with other evidence. Held that such a dying declaration cannot be the sole basis for conviction. (Paras 11-20) C) Indian Penal Code - Murder - Sections 302, 147, 148, 342 read with 149 IPC - Acquittal upheld - The prosecution failed to prove the charges beyond reasonable doubt. The alleged eyewitnesses turned hostile, and the circumstantial evidence was weak. The Trial Court's acquittal was not perverse. (Paras 21-30)
Issue of Consideration
Whether the judgment of acquittal passed by the Trial Court is perverse and liable to be set aside.
Final Decision
The appeal is dismissed. The judgment of acquittal dated 02.04.2019 in S.C.No.107 of 2015 passed by the Additional District Court (Fast Track), Sriperumbudur is confirmed.
Law Points
- Appeal against acquittal
- Section 372 CrPC
- Dying declaration
- Hostile witness
- Circumstantial evidence
- Benefit of doubt
