Prayagraj: Observing that the dying declaration of a woman who suffered fatal burn injuries was recorded in the presence of her relatives and family members and therefore could not be safely relied upon, the Allahabad high court has acquitted a man convicted of culpable homicide in connection with his wife’s death.The court also noted evidence suggesting that the husband had sustained burns while trying to save her, making it unsafe to hold him solely responsible for the incident.In a recent order, a bench of Justice Siddhartha Varma and Justice Achal Sachdev allowed the criminal appeal filed by Jagan against the 2018 judgment of the additional district & sessions judge, Fast Track Court, Moradabad, which had convicted him under Section 304 IPC and sentenced him to life imprisonment.Jagan was accused of pouring kerosene on his wife and setting her on fire on Dec 23, 2015. She was taken to the Govt Hospital, Moradabad, where a dying declaration was recorded after doctors certified that she was fit to give a statement.In the dying declaration, the woman stated that her husband had set her afire. However, the HC found circumstances that cast doubt on the reliability of the dying declaration.The court noted that prosecution witness, the deceased’s brother, had categorically stated during cross-examination that the magistrate recorded the statement of the deceased in the presence of all family members, including her son, his wife and his aunt. Taking note of this, the bench observed: “In view of the fact that the dying declaration was recorded in the presence of all the family members, no importance could be attached to it.“The HC also noted that the appellant-husband himself had suffered burn injuries while attempting to save his wife. “There are sufficient evidence to the fact that the man had tried to save his wife and in the process he had also got burnt,” the court added.A doctor examined by the defence also stated that the injuries suffered by the appellant could have been caused while attempting to douse a person on fire. Another defence witness, also a doctor, testified that the deceased had been brought to the hospital by her mother-in-law.The court also considered the circumstances preceding the incident, noting that the couple had been married for 18 years and had no children. It observed that the evidence indicated disputes between the couple over which side’s child should be adopted. While the deceased’s family wanted a child from her parental side to be adopted, the appellant’s family wanted his brother’s child to be adopted.The HC further observed that, considering the marriage had lasted for 18 years, “it could not in any manner be presumed that there was any kind of demand for dowry from the side of the first informant.”
