Code of Criminal Procedure, 1973 – s.313 – Penal Code, 1860 – s.302 – Murder – Examination of accused – Murder of women and her three daughters by setting them on fire – FIR by complainant-brother of deceased lady against accusedhusband and co-accused, that they poured kerosene on the wife and three daughters and set them on fire – Co-accused later succumbed to burn injuries – On basis of the testimony of the minor son and dying declarations of the wife and one of the daughter, trial court convicted accused for offence punishable u/s.302 and awarded capital punishment – However, the High Court acquitted the accused – Interference with:
Held: Material contradictions in the evidence of the minor son of the deceased and trial judge did not satisfy himself about the capacity of the minor to understand and answer questions, make his testimony vulnerable, and unsafe to rely upon – Evidence of prosecution witness-Tahsildar on duty regarding the dying declaration made by the two victims not put to the accused in his statement u/s.313 – Deceased made a dying declaration even to the complainant, even the testimony of complainant to that effect not been put to the accused in his statement u/s.313 – As this evidence was not put to the accused in his statement u/s.313, he was denied an opportunity to explain the same, causing prejudice to him – Evidence of dying declaration to be kept out of consideration – At this stage it would be unjust to pass an order of remand for recording further statements u/s.313, it would cause prejudice to the accused – Furthermore, no explanation offered by prosecution of how accused and co-accused suffered burn injuries which raises suspicions about the prosecution’s case – After re-appreciation of evidence, the view taken by the High Court that the guilt of the accused was not proved beyond a reasonable doubt is a possible view – Even assuming that another view is possible, is no ground to overturn the order of acquittal – Though the incident is very shocking, however, in the absence of evidence on record to prove the guilt of the accused beyond reasonable doubt, interference with the impugned judgment not called for. [Paras 13-27] Code of Criminal Procedure, 1973 – s.313 – Examination of accused – Vital prosecution evidence not put to the accused in statement u/s.313 – Suggestions by Supreme Court: Held: When an appeal against conviction is preferred before High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded u/s.313 CrPC/s.351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – If any defect is found, at that stage, the same can be cured either by High Court recording further statement or by directing the trial court to record – If this approach is adopted, the argument of delay and prejudice will not be available to the accused. [Para 28]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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