MUMBAI: Refusing to believe that a 19-year-old woman with 100% burn injuries could narrate and sign a dying declaration, the Bombay high court recently ruled that a youth serving life imprisonment for his wife's murder was not guilty.
A division bench of Justice P V Hardas and Justice Revati Dere ordered that Kolhapur resident Samir Awati (31), who was arrested eight years ago, be released from prison.
"Both the dying declarations are not free from infirmities and it would be extremely hazardous to place any reliance on them as they do not inspire confidence and therefore would have to be excluded from consideration," said the judge and added, "the prosecution had utterly failed to prove the offence against Awati beyond reasonable doubt. We find that the possibility of the deceased Salama having committed suicide cannot be ruled out altogether."
Advocate Arfan Sait, counsel for Awati, argued the entire case against the accused rested on circumstantial evidence and the two dying declarations were highly suspicious. Awati was arrested in July 2005 for allegedly setting his wife ablaze for dowry. There were two dying declarations, one was signed and the other had a thumb impression. A sessions court in 2006 held Awati guilty and sentenced him to life imprisonment. Awati challenged his conviction and claimed that his wife had committed suicide.
The high court pointed to the statement of witnesses that Salama had burnt her fingers, was unable to talk or even hold a pen. "We find it incomprehensible as to how Salama could affix her signature on the statement when she had sustained 100% burn injuries," said the judges, referring to the signature which was extremely neat and properly placed. The dying declaration with the thumb impressions was also held to be suspect by the court.
"We find that despite Salama having sustained 100% burn injuries and her fingers being burnt, there are ridges and curves seen on her thumb impressions giving us reason to suspect the genuineness of the said dying declaration," said the court. The court also disbelieved the other evidence brought in by the prosecution, and acquitted Awati giving him "benefit of doubt".
Original NEWS Source:- http://timesofindia.indiatimes.com/city/mumbai/HC-doubts-100-burns-victims-dying-declaration-acquits-husband/articleshow/26062267.cms
A division bench of Justice P V Hardas and Justice Revati Dere ordered that Kolhapur resident Samir Awati (31), who was arrested eight years ago, be released from prison.
"Both the dying declarations are not free from infirmities and it would be extremely hazardous to place any reliance on them as they do not inspire confidence and therefore would have to be excluded from consideration," said the judge and added, "the prosecution had utterly failed to prove the offence against Awati beyond reasonable doubt. We find that the possibility of the deceased Salama having committed suicide cannot be ruled out altogether."
Advocate Arfan Sait, counsel for Awati, argued the entire case against the accused rested on circumstantial evidence and the two dying declarations were highly suspicious. Awati was arrested in July 2005 for allegedly setting his wife ablaze for dowry. There were two dying declarations, one was signed and the other had a thumb impression. A sessions court in 2006 held Awati guilty and sentenced him to life imprisonment. Awati challenged his conviction and claimed that his wife had committed suicide.
The high court pointed to the statement of witnesses that Salama had burnt her fingers, was unable to talk or even hold a pen. "We find it incomprehensible as to how Salama could affix her signature on the statement when she had sustained 100% burn injuries," said the judges, referring to the signature which was extremely neat and properly placed. The dying declaration with the thumb impressions was also held to be suspect by the court.
"We find that despite Salama having sustained 100% burn injuries and her fingers being burnt, there are ridges and curves seen on her thumb impressions giving us reason to suspect the genuineness of the said dying declaration," said the court. The court also disbelieved the other evidence brought in by the prosecution, and acquitted Awati giving him "benefit of doubt".
Original NEWS Source:- http://timesofindia.indiatimes.com/city/mumbai/HC-doubts-100-burns-victims-dying-declaration-acquits-husband/articleshow/26062267.cms
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