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Unsafe to rely on dying declaration if not free of doubt: HC

Giving respite to a man accused of burning his pregnant wife to death over suspicion of adultery, the Nagpur bench of Bombay High Court has held that the lady's dying declaration was not free of doubt and, therefore, unsafe to rely upon.

"There cannot be any dispute on the proposition of law that dying declarations can be basis for conviction and there is no need of corroboration, but those must be free from any doubt and it must be inspiring the confidence," a division bench comprising justices Ravindra Chavan and Prasanna Varale observed. The bench set aside the conviction of a Buldhana resident, who had been awarded lifer by the sessions court based on the two dying declarations by his wife.

Petitioner Vilas Bilawar had entered into wedlock with Sarla in 2004 and initial period was smooth till they were blessed with a male child named Vishal. Afterwards, Vilas and his parents started picking up quarrels with Sarla on trifle issues, which led to their separation. She started residing with her parents and even lodged a police complaint against her husband.

However, after an amicable settlement between the couple, they started residing together again. On July 8, 2008, Sarla came to know that she was pregnant. When she told Vilas, he started abusing her and claimed that the baby was not his. Even her in-laws abused her and asked her to return to her maternal home. They then set her afire, leading to her death from the injuries two days later. However, she had named the appellant in both her dying declarations.

Based on the dying declarations, the Buldhana sessions court convicted Vilas for murder while acquitting others. He challenged this verdict in the high court through a criminal appeal, contending that his wife died due to accidental fire and his name was unnecessarily dragged into the incident.

The judges observed that the dying declarations showed a variance in the role played by the other accused, although the husband was named in both of them.

"Taking overall view of the evidence, we are of the opinion that the prosecution has miserably failed to prove that the death of the victim is a homicidal one and the accused is the author of the crime. With the sufficient evidence and possibility of accidental death, the accused made out a case for extending the benefit of doubt to him," the court ruled while acquitting him of all charges.

Article referred: http://articles.timesofindia.indiatimes.com/2013-05-25/nagpur/39520600_1_declarations-buldhana-resident-pregnant-wife

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