Medical Evidence Has Evidentiary Value In Murder Cases, Can't Be Used To Fix Guilt In Case Of Suicide: Tripura High Court
The Tripura High Court has observed that medical evidence has its evidentiary value in the case of murder. It thus set aside the conviction of a husband under Section 306 IPC, among other charges, following death of his wife due to burn injuries. It observed that the case relates to "suicide" and hence medical evidence cannot fix the guilt. The observation was given by a division bench...
The Tripura High Court has observed that medical evidence has its evidentiary value in the case of murder. It thus set aside the conviction of a husband under Section 306 IPC, among other charges, following death of his wife due to burn injuries. It observed that the case relates to "suicide" and hence medical evidence cannot fix the guilt.
The observation was given by a division bench of Justice Amarnath Goud and Justice Arindam Lodh:
"Learned P.P. relied upon the Medical evidence i.e. evidence of P.W. 6 and P.W.10 to establish his argument. But medical evidence has its evidentiary value in the case of murder. But, the instant matter relates to suicide, so, medical evidence cannot fix the guilt of the appellant-husband herein. It is also pertinent to mention here that the victim-wife suffered severe burn injuries and rural people cannot handle such injuries and it has to be handled by expert. So the argument of the learned P.P. that the victim being taken to hospital after substantial time has elapsed also fails."
The instant criminal appeal was preferred under Section 374 CrPC against the judgment of Addl. Sessions Judge convicting the appellant under Sections 498-A (Husband or relative of husband of a woman subjecting her to cruelty), 306 (Abetment of suicide) and 304A (Causing death by negligence) of IPC.
The Prosecution's case was that the appellant demanded a refrigerator and steel almirah from his wife and on failure to fulfill this demand, he beat her up and set her on fire on an early morning. To prove the charges, 13 witnesses including the complainant and the investigating officer were examined.
In appeal, the Appellant argued that though a mere allegation of torture was levelled against him, not a single witness had stated at any point of time that they found that the deceased was ever tortured by the appellant on demand of dowry.
The prosecution heavily relied on the statement made P.W.1 who submitted that one Gita Das, a local leader along with other party workers on the previous day of the incident went to the house of the appellant herein for subscription and saw the appellant physically assaulting the deceased. The prosecutor also referred to the post-mortem examination report revealing the cause of death is shock as a result of 79% of total body surface area burns caused by flame.
At the outset, the High Court noted that a dying declaration was given by the deceased wherein she categorically stated that she by herself committed suicide by setting ablaze(fire).
It further noted that the statement given by P.W.1 is an "indirect statement" and has no evidentiary value in the absence of examination of Gita Das, who allegedly saw the appellant assaulting the deceased.
In view of the above discussions, the court opined that the prosecution failed to prove the charges leveled against the appellant beyond a reasonable doubt. Accordingly, the judgment and order of conviction was set aside.
Case Title : Sri Ratan Das v The State of Tripura
Citation: 2022 LiveLaw (Trip) 22