Rajasthan High Court Upholds Acquittal Of Husband Accused In Wife's Dowry Death, Cites Delay & Inconsistencies Between Dying Declarations

Rajasthan High Court dismissed a criminal appeal against an acquittal order passed 35 years ago in an alleged case of murder owing to unfulfilled dowry demands. The court noted that the implicating dying declaration was made 16 days after the first dying declaration and consequently the report was also lodged after an inordinate delay of 16 days after the incident.

The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman was hearing a criminal appeal filed against the order of the sessions judge, passed in 1989, wherein the accused were acquitted of the charges of murder and cruelty against the deceased.

There were two dying declarations in the case wherein in the first one it was stated that the deceased caught fire accidentally while cooking food which led to her burning whereas in the second one, it was said that the burn injuries were inflicted upon her by the accused when she refused to comply with the dowry demands.

The counsel for the appellants argued that the trial court was wrong in giving more weightage to the first dying declaration when it was made clear that such a statement was given by the deceased pursuant to a threat by the accused to the effect of killing the deceased's children and her brother.

On the other hand, the counsel for the accused argued that if the injuries were inflicted by the accused, the relatives of the deceased could have filed the report immediately after getting the information or at least after reaching the hospital, but the report was lodged after 16 days. The counsel submitted that with the efflux of time and on account of the deteriorating condition of the deceased, a new story was concocted by the victim and her family members to involve the accused.

The Court took account the two dying declarations of which first was made right after the incident of burning, in front of the police and the second was made after 16 days based on which the report was lodged by the relatives of the deceased against the accused.

The Court held that no explanation was put forth for the inordinate delay of 16 days in lodging the report against the accused based on the second dying declaration, and expressed the possibility of influence or tutoring by the relatives of the deceased during this time.

“If really there was a role of the respondents-accused in commission of the offence, the parents of the deceased after knowing the incident from the deceased, definitely would have lodged a report immediately and they would not have waited till 19.09.1986. The relatives of the deceased were with them for all that 16 days and there is scope of influence and tutoring the deceased.”

Furthermore, on the argument that the first declaration was given under threat, the Court observed that firstly, it was not known when such a threat was given, and secondly, even if there had been such a threat, the deceased could have informed her relatives as soon as they arrived. However, there was a delay of 16 days between both the dying declarations, which raised doubts about the second dying declaration.

Accordingly, the Court did not deem it correct to interfere with the decision of acquittal passed by the trial court and the criminal appeal was dismissed.

Title: State of Rajasthan v Narsi Ram & Anr.

Citation: 2024 LiveLaw (Raj) 250

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