Indian Penal Code, 1860
Sections 302 & 498A—Dowry harassment and murder—Conviction based on dying declaration—Appeal—Appellants are husband and father-in-law of deceased—Deceased died due to burn injuries after being treated for four days at the Hospital—Delayed sending of the FIR—Non-examination of independent witness and non-production of one as a prosecution witness—Deceased having suffered 100% burn injuries and unnecessary insistence of the doctor and SI about the fit mental and physical health of the victim/deceased to make such statement, renders the prosecution case doubtful or at least the implication of the appellants to be not beyond shadow of doubt—Police after investigation found no evidence against the appellants—Offence under Section 498A of IPC could not be proved beyond all reasonable doubts and conviction under Section 302 of the IPC is primarily based on the dying declaration which has been found to be doubtful—Benefit of doubt given to appellants—Conviction set aside.
[Paras 43 to 54]