Indian Penal Code, 1860
Sections 306 & 498A—Cruelty and abetment of suicide—Acquittal by trial court set aside by the High Court—Appeal—High Court, while setting aside the acquittal of the appellants, had observed that the deceased had given dying declaration before the doctor, however, before marking the same, the trial court had acquitted the appellant/accused—From the dying declaration, nothing could be inferred to suggest that the deceased raised any accusation against her husband, as is sought to be suggested by the respondent—Material which is sought to be referred to by the respondents to sustain the order passed by the High Court is, in fact, of no value—It is evident from the scientific report that, the cylinder and gas stove were kept inside the bedroom and as a result of fire, the entire family suffered injuries—Deceased being closed suffered highest burn injuries—It would be a futile exercise to refer the matter back to the trial court for fresh consideration—Impugned order set aside and acquittal of appellant is upheld—Appeal allowed.
[Paras 8 to 10]