Case Note & Summary
The appellant challenged her conviction for murder under Section 302 of the Indian Penal Code, 1860, after the High Court reversed her acquittal by the Sessions Court. The prosecution alleged that the appellant, along with others, set fire to her daughter-in-law, Sunita, due to dowry demands and ill-treatment. Sunita suffered severe burns and made multiple dying declarations implicating the appellant. However, the Sessions Court acquitted all accused, citing inconsistencies in the dying declarations and lack of corroborative evidence. The State appealed, and the High Court convicted the appellant based on one of the dying declarations, asserting it was voluntary and truthful. The appellant contended that the High Court erred in disregarding the acquittal and failing to corroborate the evidence. The Supreme Court found that the High Court's acceptance of the dying declaration was flawed, as it lacked corroboration and ignored the inconsistencies present in the other declarations. The Court emphasized that the prosecution did not meet its burden of proof, and the appellant was entitled to the benefit of doubt. Consequently, the Supreme Court quashed the High Court's judgment, acquitting the appellant of all charges and ordering her release.
Headnote
A) Criminal Law - Dying Declarations - Inconsistency - The High Court accepted one dying declaration while discarding others, leading to a conviction under Section 302 IPC - The Sessions Court had found inconsistencies in the dying declarations, which warranted the benefit of doubt to the appellant - Held that the High Court's acceptance of one declaration without corroboration was erroneous (Paras 29-30).
Issue of Consideration
Whether the High Court erred in reversing the acquittal of the appellant under Section 302 of the Indian Penal Code, 1860.
Final Decision
The Supreme Court quashed the High Court's judgment, acquitting the appellant of the offence punishable under Section 302 of the Indian Penal Code, 1860, and ordered her release.
Law Points
- Dying declarations
- Section 302 IPC
- common intention
- benefit of doubt
- corroboration of evidence
