Summary
The Supreme Court acquitted the husband of dowry death, finding the dying declaration unreliable and the alleged dowry-related harassment unproved beyond reasonable doubt. The circumstances raised doubts about tutoring and whether fitness was assessed before the statement. The initial medical history and the investigation also undermined reliance on the later declaration. The conviction and sentence were set aside and bail bonds discharged.
Issues
- Whether the dying declaration was sufficiently trustworthy to sustain conviction.
- Whether the prosecution proved harassment connected with an unfulfilled dowry demand for Section 304-B.
Provisions considered
- Section 304-B, Indian Penal Code, 1860The prosecution failed to prove dowry-related harassment beyond reasonable doubt, so the dowry-death conviction could not stand. (¶¶ 17, 18)
Held
- A conviction may rest solely on a dying declaration only when it is trustworthy, reliable and inspires confidence. Here, the relatives’ statements to the recording Magistrate and their presence raised serious doubts about tutoring; the doctor’s evidence also cast doubt on whether fitness had been assessed before recording. (¶¶ 10, 11, 12, 14)
- The deceased’s initial medical history included her husband extinguishing the fire, and the investigating officer’s conclusions supported a different account. The High Court had itself disbelieved the declaration against the father-in-law. Taken together, these circumstances made reliance on it against the appellant unsafe. (¶¶ 13, 14, 15, 16)
- The relatives’ allegations of dowry-linked harassment were vague and required careful scrutiny. The village Sarpanch spoke of harassment without linking it to an unmet dowry demand. The evidence did not establish that essential connection beyond reasonable doubt. (¶ 17)
Result
Appeal allowed. Conviction and sentence set aside; appellant acquitted of all charges and bail bonds discharged. Pending applications disposed of.