Court Cites Flawed Investigation and Suspicious Dying Declaration as Grounds for Acquittal
In a significant judgment, the Calcutta High Court has overturned the conviction of Kader Mia, who was previously sentenced to life imprisonment for the alleged murder of his wife, Rofika Bibi, by setting her on fire. The court found that the conviction, which was largely based on a dying declaration, was unsustainable due to suspicious circumstances and inadequate investigation.
The bench, comprising Justices Rajasekhar Mantha and Rai Chattopadhyay, scrutinized the evidence presented during the trial and highlighted several critical lapses. The court noted that the dying declaration recorded by a doctor at the Dinhata SD Hospital lacked proper procedural safeguards, such as the presence of a magistrate or police, and was surrounded by unexplained circumstances. The declaration, which accused the husband of the crime, was found suspicious due to these procedural deficiencies.
Additionally, the court criticized the investigation, particularly the failure of the investigating officer to record the statements of key witnesses, including family members and neighbors, before a magistrate under Section 164 of the Criminal Procedure Code. The court expressed doubts about the reliability of the prosecution's case, given that most witnesses turned hostile and contradicted their initial statements to the police.
The court also noted that the prosecution failed to establish charges of dowry-related offenses under Sections 304B and 498A of the Indian Penal Code. Evidence from relatives and neighbors indicated a happy marital life between the appellant and the victim, further weakening the prosecution's case.
In its conclusion, the court emphasized the need for careful scrutiny of dying declarations, especially when they are not recorded by a magistrate. The judgment highlighted the importance of corroborative evidence in cases where such declarations are surrounded by suspicious circumstances.
The High Court's decision to acquit Kader Mia underscores the judiciary's commitment to ensuring fair trials and safeguarding against wrongful convictions. The appellant has been ordered to be released from custody, subject to the execution of a bond under Section 437 of the Criminal Procedure Code.
Bottom Line:
Conviction solely based on suspicious dying declaration is unsustainable; detailed scrutiny of circumstances surrounding the declaration is essential.
Statutory provision(s): Indian Penal Code, 1860 Sections 302, 304B, 498A; Criminal Procedure Code, 1973 Sections 161, 162, 164, 174(3), 176, 437
Kader Mia v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2866827
