Observing that the prosecution had failed to prove its case beyond reasonable doubt, the Bombay High Court has acquitted a Panvel resident from the charges of killing his wife by setting her ablaze.
Granting benefit of doubt to Sachin Patil, justices P V Hardas and Reveti Dhere also set aside life imprisonment imposed on him by a Sessions Court in September 2005.
"We find that the prosecution has utterly failed to prove the offence against Patil beyond reasonable doubt. The possibility that the deceased, Sushma, may have committed suicide cannot be excluded altogether," the judges said while hearing an appeal filed by Patil against his conviction.
The judges noted that Sushma had returned to her matrimonial house after she was driven out by her husband. At that time, the husband had refused Sushma entry into the house. Sushma, accordingly, sat on a platform outside waiting for her husband to allow her inside the house.
"The dying declaration of Sushma does not explain as to how and for what purpose she entered the house. She also did not state that the appellant had poured kerosene on her inside the house," the judges remarked in a recent judgement.
"It is, therefore, obvious to us that Sushma in deep frustration had poured kerosene and set herself ablaze. The dying declaration is certainly as a result of tutoring by the other relatives. We thus find that the appellant is entitled to be given the benefit of doubt," the judges observed.
Sushma married Sachin on March 17, 2002, and started staying with him at Panvel after marriage. After the death of her father-in-law, she was ill-treated and the couple started staying separately in the same house. Sachin blamed Sushma for not doing domestic chores and often suspected her fidelity.
On May 18, 2003, Sushma was thrown out of the house and she came to stay in her mother's house. After few days, her mother took Sushma to her matrimonial home but her husband did not allow her inside. Sushma's mother, Sunita, went to fetch a glass of water from neighbour's house and on return found that her daughter had been set on fire inside the house.
Sushma was taken to hospital. She passed away few days later. Her dying declaration was recorded by a magistrate and a case registered against her husband.
