Dying Declaration Was Recorded After 100% Burn Injuries; Prosecution Case Doubtful: Patna HC Acquits Murder Accused
The Patna High Court, while setting aside the judgment of conviction under Section 498A and 302 of the Indian Penal Code, 1860, has observed that after receiving extensive 100% burn injuries, it is difficult to make dying declaration, therefore, rendering the prosecution case doubtful.
The Division Bench of Justice Ashutosh Kumar and Justice Jitendra Kumar observed, “To tie the strings : (i) Delayed sending of the FIR, (ii) Non-examination of independent witnesses, non-production of Sonu Kumar as a prosecution witness (iii) The deceased having suffered 100 percent burn injuries and the unnecessary insistence of PW-4 and PW-6 about the fit mental and physical health of the victim/ deceased to make such statement, renders the prosecution case doubtful or at-least the implication of the appellants to be not beyond shadow of doubts.”
Senior Advocate Rama Kant Sharma appeared for the Appellants whereas APP Binod Bihari Singh appeared for the Respondents.
The Appellants were the Husband and the Father-in-law of the deceased who died due to burn injuries after being treated for four days at a hospital. Appellants were convicted under Section 498-A and Section 302 read with Section 34 of the Indian Penal Code, 1860, and were sentenced to undergo rigorous imprisonment for two years and a fine.
The Fardbeyan/Dying Declaration of the deceased was recorded in the presence of the brother of the deceased and one doctor in the emergency ward of the hospital. The declaration disclosed that she was assaulted by her Husband/Accused, Father-in-law/Accused and Mother-in-law, who all demanded Rs. Two Lacs from her. Thereafter, they set her on fire.
The main issue that arose before the Court was whether the deceased could have made such a statement with extensive burn injuries i.e. 100% burn injuries.
The Court said, “The statement of the independent witnesses were also recorded by him but none of them confirmed that the victim was deliberately and forcibly put on fire. All these suggest that an attempt was made by the prosecution to bring out a case of dying declaration, which would have been the most easy and effortless task of an Investigator in making the case an open and shut one.”
The Court observed that the police after an investigation found no evidence against the Appellants and doubted the correctness of the claim of the prosecution that the dying declaration was not manipulated, therefore, the Court gave the benefit of doubt to the Appellants as the offence could not be proved beyond reasonable doubts.
Accordingly, the judgment and order of conviction and sentence was set aside.
Cause Title: Mahesh Pandit and Anr. v. State of Bihar
Appearances:
Appellants: Senior Advocate Rama Kant Sharma, Advocates Rakesh Kumar Sharma, Navin Prasad Singh and Narayan Singh.
Respondent: APP Binod Bihari Singh