Convictions under IPC Sections 302/149 and 304B Overturned; Court Highlights Lack of Credible Evidence and Inconsistencies in Prosecution's Case
In a significant judgment, the Allahabad High Court has overturned the convictions of several individuals accused in a dowry death case, citing the unreliability of the sole dying declaration and inconsistencies in the prosecution's evidence. The division bench, comprising Justices Ajay Bhanot and Divesh Chandra Samant, delivered the verdict on July 3, 2026, in response to appeals filed by the accused.
The case revolved around the death of a woman, who allegedly succumbed to burn injuries inflicted by her husband Khalid and his in-laws. The prosecution's case heavily relied on the dying declaration of the victim, recorded by a Naib Tehsildar, which accused the family members of setting her on fire over unfulfilled dowry demands.
The High Court, however, found several discrepancies in the prosecution's narrative. Key witnesses, including the victim's family members, turned hostile during the trial, undermining the prosecution's claims. Moreover, the court noted the absence of crucial medical records and testimonies that could have substantiated the victim's medical condition and the circumstances surrounding her death.
Highlighting the importance of corroborative evidence, the court observed that the dying declaration alone could not form the basis of a conviction, especially when the statement showed signs of being influenced by external factors such as vindictiveness or coercion. The judgment also pointed out the prosecution's failure to produce a second dying declaration, recorded by the investigating officer, which could have provided additional insights into the case.
The court further criticized the prosecution for not establishing the foundational facts necessary to prove dowry demands and harassment, essential elements under IPC Section 304B related to dowry deaths. The acquittal was also based on the lack of evidence supporting the prosecution's alternative charges under Sections 498A and 304B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
In conclusion, the High Court acquitted all the accused, emphasizing that the prosecution failed to prove its case beyond reasonable doubt. The judgment underscores the judiciary's cautious approach towards relying solely on dying declarations without supporting evidence, especially in cases involving serious charges like dowry deaths.
Bottom line:-
The dying declaration, being the sole basis for conviction, must inspire full confidence in its truthfulness and correctness. Inconsistencies, lack of corroboration by medical and factual evidence, and contradictions in testimonies can render a dying declaration unreliable for conviction.
Statutory provision(s): Indian Penal Code Sections 302/149, 304B, 498A; Dowry Prohibition Act, 1961 Sections 3, 4; Indian Evidence Act, 1872 Section 114(g).
Mahnaz v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2936142
