HC acquits man held guilty of killing sis-in-law
29 April 2012 11:23 PM IST
Citing the questionable credibility of evidence in a murder case, the Delhi High Court has set aside the conviction of a man who was given life term for killing his sister-in-law by pouring acid on the victim.
The high court set aside the conviction and entailing sentence of the man, questioning the reliability and credibility of the victim's dying declaration.
"Reliability and credibility of the witness who deposes about the dying declaration are the twin requirements which the trial court is obliged to satisfy itself about, while basing its findings on such evidence," a bench of Justices S Ravindra Bhat and S P Garg said.
According to prosecution, Kishore was unhappy with Meena for her working as a domestic help to sustain herself. Despite his objections, she continued with her work and on April 22, 2008, when Meena was at a park, Kishore poured acid on her and fled.
The prosecution said a home guard constable reached the spot on being told by a boy about the incident. On the way to the hospital, Meena narrated the event to him.
The court, however, questioned the conduct of the home guard constable, saying, despite "being a responsible officer trained in the drill of what ought to be done when dealing with a medico-legal case", the home guard constable had left the hospital without waiting for the police to arrive.
"His conduct is not that of a responsible individual, he does not even mention having seen any police man, and satisfying himself that the incident was suitably reported to the nearest police station. He certainly was not present when the alleged dying declaration was recorded by PW-20 (police officer)," the bench said.
The high court set aside the conviction and entailing sentence of the man, questioning the reliability and credibility of the victim's dying declaration.
"Reliability and credibility of the witness who deposes about the dying declaration are the twin requirements which the trial court is obliged to satisfy itself about, while basing its findings on such evidence," a bench of Justices S Ravindra Bhat and S P Garg said.
According to prosecution, Kishore was unhappy with Meena for her working as a domestic help to sustain herself. Despite his objections, she continued with her work and on April 22, 2008, when Meena was at a park, Kishore poured acid on her and fled.
The prosecution said a home guard constable reached the spot on being told by a boy about the incident. On the way to the hospital, Meena narrated the event to him.
The court, however, questioned the conduct of the home guard constable, saying, despite "being a responsible officer trained in the drill of what ought to be done when dealing with a medico-legal case", the home guard constable had left the hospital without waiting for the police to arrive.
"His conduct is not that of a responsible individual, he does not even mention having seen any police man, and satisfying himself that the incident was suitably reported to the nearest police station. He certainly was not present when the alleged dying declaration was recorded by PW-20 (police officer)," the bench said.
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