Skip to main content

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

Comments

Post a Comment

Most viewed this month

One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice

In CIVIL APPEAL NO. 12238 OF 2018, Pioneer Urban Land & Infrastructure Ltd. vs Govindan Raghavan, an appeal was filed before the Supreme Court  by the builder against the order of the National Consumer Forum. The builder had relied upon various clauses of the Apartment Buyer’s Agreement to refute the claim of the respondent but was rejected by the commission which found the said clauses as wholly one-sided, unfair and unreasonable, and could not be relied upon. The Supreme Court on perusal of the Apartment Buyer’s Agreement found stark incongruities between the remedies available to both the parties. For example, Clause 6.4 (ii) of the Agreement entitles the Appellant – Builder to charge Interest @18% p.a. on account of any delay in payment of installments from the Respondent – Flat Purchaser. Clause 6.4 (iii) of the Agreement entitles the Appellant – Builder to cancel the allotment and terminate the Agreement, if any installment remains in arrears for more than 30 da...
Post a Comment
Read more

Inherited property of childless hindu woman devolve onto heirs of her parents

In Tarabai Dagdu Nitanware vs Narayan Keru Nitanware, quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her husband. Justice Shalini Phansalkar Joshi was hearing a writ petition filed by relatives of one Sundarabai, who died issueless more than 45 years ago on June 18, 1962. Article referred:http://www.livelaw.in/property-inherited-female-hindu-parents-shall-devolve-upon-heirs-father-not-husband-dies-childless-bombay-hc-read-judgment/
Post a Comment
Read more

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more