The Gujarat High Court has upheld a Sessions Court's 1997 order that acquitted a man accused of setting his wife on fire in 1995. The Court dismissed the appeal filed by the State, citing doubts about the reliability of the victim's dying declarations and inconsistencies in the prosecution's case.
A division bench of Justice A.S. Supehia and Justice Nisha M. Thakore ruled that the dying declarations made by the deceased, Jashuben Kalubhai Aghara, lacked credibility due to her critical medical condition. The Court stated:
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"Looking to the medical condition of the deceased, the history recorded by the doctors and the dying declarations become doubtful. The evidence from the dying declarations and oral testimony lacks sterling quality and is not compelling enough to reverse the acquittal recorded by the trial Court."
The case goes back to March 12, 1995, when Jashuben allegedly confronted her husband Kalubhai Amarshi Aghara for not working. According to the prosecution, this led to the accused assaulting her and setting her ablaze with kerosene. She later succumbed to her injuries after 15 days in the hospital.
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The prosecution relied mainly on two dying declarations—one as a police complaint and another recorded by an Executive Magistrate—along with medical records and testimonies from 17 witnesses. However, the Court found several inconsistencies.
"The complaint, Exh.35, and the dying declarations do not inspire confidence. The accused cannot be convicted solely on the history recorded by doctors without specifying the time. The degree of burns mentioned by different medical officers does not match."
The defence argued that the victim was mentally unstable and physically unable to give coherent statements. They also presented witnesses, including the deceased's mother and a neighbor, who contradicted the prosecution's claims.
The Court emphasized that Jashuben had severe burn injuries on her face, lips, and neck, and she was bandaged and drugged. This, the Court observed, made it highly unlikely for her to deliver a clear and consistent statement.
"It is not palatable that she was able to give her statement with clarity and lucidity. Hence, the complaint contents are unpersuasive."
The Executive Magistrate who recorded her statement did not describe her injuries in detail, and the medical officer who certified her fitness to give a statement was never examined by the prosecution. This raised further doubts about the reliability of the dying declaration.
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Moreover, the Court noted the absence of any independent witnesses at the scene. Only one neighbor was brought forward, and that witness later turned hostile. Also, there was no evidence of any struggle or resistance at the crime scene.
Significantly, the accused also suffered burn injuries on his hands while trying to extinguish the fire, a fact mentioned in the hospital records but ignored by the prosecution.
"There was no investigation into the injuries sustained by the accused, even though both were admitted to the same hospital ward."
Concluding the matter, the High Court said that the trial court’s view was reasonable and supported by the evidence. Therefore, it saw no reason to overturn the acquittal.
“It is trite in criminal jurisprudence that if two views are possible, the view taken by the trial court in acquitting the accused has to be adopted.”
The Court thus dismissed the State’s appeal, keeping the acquittal of Kalubhai Amarshi Aghara intact.
Case Title: State of Gujarat v. Kalubhai Amarshi Aghara
