Bombay High Court Questions Credibility of Dying Declaration, Acquits Accused Husband

The Bombay High Court recently acquitted a man convicted for allegedly setting his wife on fire, holding that the prosecution failed to prove the case beyond reasonable doubt because the dying declarations were unreliable.

The Court observed that the deceased woman had suffered 96% burn injuries and was administered medicines including Tramadol and Cefsula during treatment. According to the Bench, such medicines could affect a patient’s mental condition and raise doubts regarding the voluntariness and reliability of her statements.

A Division Bench of Justice Nitin B. Suryawanshi and Justice Vaishali Patil-Jadhav noted that witnesses consistently described the woman as groaning in pain and unable to move properly. The Court found it difficult to believe that, in such a condition, she could give lengthy and detailed dying declarations.

The Bench also pointed out inconsistencies between the two declarations, procedural irregularities in recording them, and the absence of crucial medical records and independent witnesses. Referring to earlier Supreme Court precedents, the Court held that doubtful dying declarations cannot solely form the basis of conviction without strong corroborative evidence.

Accordingly, the conviction under Section 302 IPC was quashed and the accused was ordered to be released.