Court Cites Lack of Conclusive Evidence and Unreliable Dying Declaration in Setting Aside Conviction
In a significant judgment, the Allahabad High Court has set aside the conviction of Jagan, who was previously sentenced to life imprisonment for the culpable homicide of his wife, Triveni. The Division Bench, comprising Justices Siddhartha Varma and Achal Sachdev, delivered the judgment on August 19, 2026, in response to Jagan's appeal against the 2018 verdict by the Additional District & Sessions Judge, Fast Track Court No. 3, Moradabad.
The case revolved around the tragic death of Triveni, who succumbed to burn injuries allegedly inflicted by her husband, Jagan. Initially, Jagan was convicted under Section 304 of the Indian Penal Code (IPC), with the prosecution building its case on Triveni's dying declaration and the testimony of her brother, Durgadas.
However, the High Court found several discrepancies and insufficiencies in the evidence presented. A key factor in the court's decision was the unreliability of the dying declaration, which was recorded in the presence of Triveni's family members, raising concerns about potential tutoring. Citing precedents from the Supreme Court, the court emphasized the necessity for dying declarations to be made freely and voluntarily, without external influence.
Additionally, the court noted that Jagan had attempted to save his wife and had suffered burn injuries himself, which were corroborated by defense witnesses. The judgment also highlighted the absence of any dowry-related disputes, given the couple's 18-year marriage, and pointed to a family disagreement over the adoption of a child as a possible trigger for the incident.
The High Court criticized the trial court for failing to consider mitigating circumstances and for imposing a life sentence without providing special reasons, as required under Section 354(3) of the Criminal Procedure Code (Cr.P.C.). The bench concluded that the evidence was insufficient to conclusively establish Jagan's guilt, leading to his acquittal.
The court's decision underscores the importance of reliable evidence and the need for caution in cases involving dying declarations, particularly when recorded under potentially biased circumstances.
Bottom Line:
Conviction under Section 304, IPC set aside due to lack of conclusive evidence regarding culpable homicide by the accused and the unreliability of the dying declaration recorded in the presence of family members.
Statutory provision(s): Indian Penal Code, 1860 - Section 304; Criminal Procedure Code, 1973 - Sections 313, 354(3), 235(2); Evidence Act, 1872 - Dying Declaration
Jagan v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2963844
