Doubts on Dying Declaration and Lack of Evidence Lead to Acquittal of Accused Husband in 2015 Burn Death Case
In a significant turn of events, the Rajasthan High Court has overturned the conviction of Soma, who was previously sentenced to life imprisonment by the trial court for allegedly setting his wife, Kanku Devi, on fire in 2015. The High Court's decision hinged on procedural lapses, the reliability of the dying declaration, and inconsistencies in the prosecution's evidence.
The case dates back to September 14, 2015, when Kanku Devi was admitted to Salumber Hospital with severe burn injuries. Her dying declaration alleged that her husband, Soma, poured kerosene on her and set her ablaze after a demand for money for alcohol was refused. This declaration formed the crux of the prosecution's case, leading to Soma's conviction for murder under Section 302 of the Indian Penal Code.
However, upon appeal, the High Court found several critical deficiencies in the trial court's reliance on the dying declaration. Notably, there was no medical certification affirming Kanku Devi's mental and physical fitness to make the declaration. Furthermore, contradictions in the testimonies of witnesses and the lack of corroborative evidence raised doubts about the authenticity of the declaration.
The High Court also noted the absence of independent witnesses and the failure to substantiate the alleged motive of habitual alcoholism and cruelty. The defense successfully argued that Soma sustained burns while attempting to save his wife, a claim supported by medical evidence and testimonies from close relatives.
In its judgment, the High Court emphasized the principle that suspicion, however grave, cannot replace proof. The court concluded that the prosecution failed to establish guilt beyond reasonable doubt, thereby entitling Soma to the benefit of doubt and acquittal.
The decision underscores the importance of procedural integrity and the need for conclusive evidence in criminal convictions. The High Court's ruling mandates Soma's immediate release, with a directive to furnish a bond under Section 437A Cr.P.C. for potential future proceedings.
Bottom Line:
In cases involving dying declarations, the absence of medical certification regarding the victim's mental and physical fitness, coupled with procedural lapses, can render the declaration unreliable. Benefit of doubt must be extended to the accused if the evidence fails to establish guilt beyond reasonable doubt.
Statutory provision(s): Indian Penal Code, 1860 Section 302, Indian Evidence Act, 1872 Section 106, Code of Criminal Procedure, 1973 Section 313, 374(2), 437A.
Soma v. State, (Rajasthan)(DB) : Law Finder Doc id # 2850144
