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Judgment
Charge Nos.,Accused Rank,Offence
1,A.1 and A.2,342 IPC
2,A.2,449 IPC
3,A.1,302 IPC
4,A.2,302 r/w 34 IPC
the final report filed.,,
When the above incriminating materials were put to the accused u/s.313 Cr.P.C., he denied the same as false. His defence was a total denial.",,
On his side, three witnesses were examined.",,
One Baskaran, a neighbour, was examined as D.W.1. He has spoken about the frequent quarrel between A.1 and the deceased on account of",,
the matrimonial dispute. He has also spoken about the Panchayat held and settled between A.1 and the deceased. He has further stated that on the,,
day of occurrence, when the deceased was taken to the hospital, the parents of the deceased were giving some instructions to her about the",,
statement to be made to the police. D.W.2 M.R. Ravichandran, yet another neighbour, has also spoken about the same facts. D.W.3 is the Head",,
Constable. He has stated about the service of summons in connection with the enquiry. In essence, the defence of the accused is a total denial.",,
Having considered all the above, the trial Court convicted A.1 under Sec.302 IPC alone and acquitted from the charge of 342 IPC. The trial",,
Court acquitted A.2 from all the charges. Challenging the said conviction and sentence, the appellant/A.1 is before this Court.",,
We have heard the learned Counsel for the appellant and the learned Additional Public Prosecutor appearing for the State and we have also,,
perused the records carefully.,,
In this case, as already pointed out, the prosecution mainly relies on the multiple dying declarations made by the deceased to more than one",,
person. The earliest dying declaration is the one made to P.W.9, the father of the deceased. P.W.9 has stated that when the deceased was taken",,
to the hospital in 108 Ambulance, the deceased told him that A.1and A.2 attacked her, A.1 poured kerosene and A.2 alone set fire to her.",,
P.W.10 the mother of the deceased has stated that while she was with the deceased, the deceased told her that both the deceased attacked her,",,
A.2 caught her hold and A.1 poured kerosene and set fire. The next dying declaration was made before the learned Judicial Magistrate, in which,",,
she has stated that A.1 attacked her and A.2 induced her and further stated that A.1 pushed her inside the house, locked the door, poured",,
kerosene and set fire. A.2 did not enter into the house at all. After the deceased was in flames, A.1 and A.2 ran away from the scene of",,
occurrence. It is the essence of the judicial dying declaration made. In the statement made, she has stated that both the accused attacked her; A.1",,
pushed her inside the house and both of them poured kerosene and both set fire to her. Thus, in these dying declarations, there is no consistency.",,
It is the law that in a case, where there are multiple dying declarations, the dying declaration, which inspires confidence of the Court, could be",,
acted upon and others could be rejected. But in the instant case, all these dying declarations are self contradictory and also contradicting each",,
other. Above all, the trial Court has acquitted A.2, rejecting all the dying declarations. A.1 also stands in the same footing. The possibility of the",,
parents of the deceased tutoring the deceased to make a false statement cannot be ruled out. That apart, the earliest statement of the deceased",,
should have been entered in the Accident Register, maintained in the hospital. That Accident Register has been suppressed by the prosecution.",,
This also creates doubt in the case of the prosecution. In view of the inconsistency of these dying declarations and since we find that no dying,,
declaration is reliable, we have no option except to acquit the accused.",,
In the result,",,
(i) The appeal is allowed and the conviction and sentence imposed on the appellant by the learned Sessions Judge, Fast Track Mahila Court,",,
Nagapattinam dated 14.10.2016 made in S.C.No.93 of 2013 are set aside and he is acquitted.,,
(ii) The fine amount, if any paid, shall be refunded to them.",,
Consequently, connected Crl.M.Ps are closed.",,