Penal Code, 1860 – ss.302 r/w. 34, 498-A, 304-B r/w. s.34 –
Prosecution case that appellant-accused (husband of victim deceased) poured kerosene on the victim and lit fire and ran away
from the spot – Consequent to which, victim sustained grievous burnt
injuries and later died in the hospital – Dying declaration of the
victim was recorded by the Metropolitan Magistrate – In dying
declaration victim categorically stated that appellant-accused burnt
her – Police filed charge sheet against the three accused persons
including appellant-accused for the offences punishable u/ss. 498-
A, 304-B, 302 r/w. s.34 of IPC and ss.3, 4 & 6 of the Dowry
Prohibition Act – Trial court acquitted all the accused – However,
the High Court set aside the order of acquittal of the appellant accused and held him guilty – On appeal, held: In the instant
case, there was a dying declaration given by the victim which was
proved and supported by the independent witnesses i.e. the
metropolitan magistrate and the medical officer – But the same was
discarded by the trial court on some minor contradictions/omissions
– On re-appreciation of the entire evidence, it was found that the
approach of the trial court was patently erroneous and the
conclusions arrived at by it were wholly untenable – Trial court
committed a patent error in discarding the dying declaration and
other material evidence – Therefore, the interference by the High
Court in the appeal against the acquittal of the appellant was
justified – Dowry Prohibition Act, 1961 – ss.3, 4 and 6.