Verdict: multiple (three) dying declarations and section 302, 498a and 506 ipc
Sanjay
(Querist) 28 October 2014
This query is : Resolved
The case is of multiple dying decelerations,
First "I was cooking food in kitchen, my clothes caught fire, I shouted and my husband came from other room and extinguished fire with help of water bucket and brought me to hospital" This statement is given in presence of IO and Medical Officer who gave MLC and mentioned the same on it.
After three days the other statement "on the day of incident my husband was quarreling with me since morning and at at 12 noon when I was cooking food in kitchen he came there and poured kerosene oil from cane and put me on fire he waited until I was burnt 70% and then poured kerosene oil on me.Some people gathered around my house I asked them to help but they didn't helped me. My husband threatened me not to disclose this to any body otherwise I will cut your children like a goat. that is why I gave the first statement."
On the above statement case U/S 307, 498a & 506 were registered.
During process of investigation the husband also tried to burn himself on the same day at about 8pm. A separate case U/S 309 IPC was registered against him.
One of the witness disclosed that she was sitting with the deceased on the day of occurrence and she had cooked all food in kitchen in her presence and her husband was not at home till 12 noon.
Police again went to the deceased and she changed the statement "I and the witness (Who was present with her) were sitting in a room outside. My husband came from market at 12 noon and the witness went away. My husband was drunk, I told him to rest he said I will make you rest and went to kitchen and brought cane of kerosene and I was shocked as i never expected that from my husband he locked the room and poured the kerosene and let me on fire.My husband threatened me not to disclose this to any body otherwise I will cut your children like a goat. that is why I gave the first statement."
The second statement is also given in presence of Medical Officer but MO has never examined the descended and when she was admitted in Hospital.
There were two compromise statements of quarrel between husband and wife which was not being put into record but police has attached both with charge sheet.
There is also negligence of recoveries as recoveries are not valid.
Mother of deceased stated that Her husband suspected her and gave her beatings, she disclosed that she was put on fire by her husband at kitchen ... the second statement which is also not same.
Brother of deceased stated that her husband used to give her beatings and she was put on fire by her husband in room...the third statement.
There is also video of third statement but statement is not given in front of IO or any Medical Officer.
There are 32 prosecution witnesses and 1 defense which was at hospital with deceased at time of second and third statements stated that she was tutored by her mother in my presence to give statements against her husband.
There are no any other quarrel between both husband and wife after compromises.
There is no medical examination of deceased that she was being beaten by her husband.
The witness who was sitting with deceased in third statement given by her died before trial.
The second statement is being put on charge sheet as true but the third statement is also there but first statement is not in charge sheet only police report is there for same.
There are no any medical records except MLC and the autopsy report which states that she died due to post burns, Shock, MODS.
Other neighbors of deceased and mother in law which of deceased stated that her husband and she lived peaceful and happy life and never quarreled where as her mother in law which was also prosecution witness also disclosed that the deceased mother often visited at deceased house and forced my son to work at some other city and reported false complaints against him by tutoring deceased.
There are no any other spot witness.
What Can be Verdict?
Please Answer
The person is convicted for the term of life .......... however I will narrate it in depth.......how the things are being modified to convict an innocent person.
Sudhir Kumar, Advocate
(Expert) 29 October 2014
"What Can be Verdict?"
Not a good question to ask on public forum before trial, as to what court will decide.
What your lawyer says.
Devajyoti Barman
(Expert) 29 October 2014
without perusing the charge sheet, FIR AND RELEVANT PAPERS IT IS DIFFICULT TO ADVISE.
Rajendra K Goyal
(Expert) 29 October 2014
All the papers/ case file need to be referred, consult local lawyer.
Hardik Mehta
(Expert) 29 October 2014
Multiple dying declarations will not be considered, and if the court considers, they will consider first declaration, which is with the corroboration of your evidences will be taken into account. If you are also burnt or had burn marks or any such identification that would suggest that you had saved her. On other hand, you need to put forward to the court that the second statement is useless since it is impossible for anyone else to just stand and do nothing. If they have not come forward for helping, then and if wanted then why only 70% burns, which is questionable. The second and third statements are given under the influence of some family members who wanted to take the revenge.
Anand Bali Adv.
(Expert) 29 October 2014
I agree with the expert Mr Hardik Mehta's observation of the case. Now it is to the Ld Magistrate how he takes the these three statements under different circumstances.
T. Kalaiselvan, Advocate
(Expert) 31 October 2014
The contradicting dying declarations may prove fatal to the prosecution case. However, the verdict cannot be predicted.
