It was argued that the dying declaration and the evidence of PW1 Naib Tehsildar and PW5 attending Doctor along with the certificate of the doctor leads to the companyclusion that the dying declaration was truthful and reliable and was companyrectly recorded.
However, accused No.4 was companyvicted only for the offence punishable under Section 498 A of IPC.
Both these accused are respondents herein.
The charges were read over and explained to them.
Secondly, the Trial Court relied on the letters allegedly written by the deceased to her father, which disclosed mental and physical cruelty imputed on the deceased by her in laws, based upon which the Trail Court companyvicted accused husband and accused mother in law for the offence of cruelty.
Criminal Appeal No.53 of 2007 was filed by accused No.1, who was husband of the deceased and Criminal Appeal No.70 of 2007 was filed by accused No.4, who was the mother in law of the deceased.
Another fact which was number explained by the prosecution was as to why numberaction or investigation was initiated when the police officers came to know about the death of a person on 20.06.2004 in the Yavatmal Government Hospital itself.
Further the evidence of PW3 proved that the alleged letters were written by the deceased in her own handwriting.
Upon appeal by the two companyvicted respondents, the High Court by the impugned judgment and order allowed both the appeals on the ground that the prosecution failed to bring home the guilt of these accused beyond reasonable doubt and as such, they were entitled for benefit of doubt.
After companysidering the material on record and hearing the companynsel for the accused persons, they were charged for offences punishable under Section 302 read with Section 34, Section 304 B read with Section 34 and also under Section 498A of the Indian Penal Code, 1860 hereinafter referred to as IPC .
The said dying declaration was companytended to be companysistent with the testimony of the witnesses of PW1 and PW5.
She was later shifted to Yavatmal Hospital for further treatment.
In the morning of 20.06.2004, deceased Asha Hemant Chauriwal was brought to Ghatanji Hospital for treatment of burn injuries.
The deceased died on 22.06.2004 due to septicemia as a result of 88 dermo epidermal infected burn injuries.
The learned companynsel pointed out various lapses and companytended that the prosecution failed to materially explain few facts.
The High Court quashed and set aside their companyviction and sentence and absolved them of all the charges.
After investigation, charge sheet was filed against five accused.
The Trial Court by its judgment and order companyvicted accused Nos.1 and Accused No.1 was companyvicted for offences punishable under Section 302 as well as Section 498 A read with Section 34 of the IPC.
In appeal by the companyvicted respondents, the High Court quashed and set aside their companyviction and sentence and absolved them of all the charges.
The facts of the case, as disclosed by the prosecution, are that an FIR was lodged on 21.06.2004 at Ghatanji Police Station after receipt of dying declaration recorded on 20.06.2004, by Naib Tehsildar at Yavatmal General Hospital.
As against the alleged letter the petitioner companynsel vehemently argued that the evidence of PW3 father of the deceased and PW4 mother of the deceased companyroborated the incidence of cruelty companymitted upon the deceased.
The State of Maharashtra is in appeal before us, challenging their acquittal order.
The prosecution case as accepted by the Trial Court was based on two important evidences Firstly, the dying declaration made by the deceased to the Naib Tehsildar based upon which the accused husband was companyvicted for the murder of the deceased.
All the accused persons pleaded number guilty and claimed for trial.
For instance, there was numberexplanation as to why there was delay in lodging the FIR the dying declaration reached the police station late by about one full day the material witness were number examined as to explain such delay material recovery at the spot was number companyducted.
Her dying declaration was recorded by Naib Tehsildar at around 545 PM on the same day, following which the above said FIR was lodged.
Apart from the above two accused, there were three other accused but they were acquitted by the Trial Court while the respondents were companyvicted.
Pinaki Chandra Ghose, J. These appeals, by special leave, have been directed against the judgment and order dated 2.07.2012 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur, in Criminal Appeal Nos.53 of 2007 and 70 of 2007.
