Observing that prosecution had failed to prove the offence against the convict, the Bombay High Court has set aside the life imprisonment imposed by a lower court on a 45-year-old man for killing his wife by setting her on fire.
The court found discrepancies in the statements given by the victim's relatives and variance in dying declarations given by the deceased. It did not believe the version of the victim's child, who initially claimed to have witnessed the incident, but later said he was tutored by uncle to say so.
Hearing an appeal filed by the convict Sunil Donde, Justices P V Hardas and P N Deshmukh recently acquitted the appellant of the offences with which he was charged and convicted.
The bench also ordered that fine, if paid by him, be refunded to him and the appellant be released from jail forthwith.
Donde was convicted on February 25, 2008, by a Mumbai Sessions Court which found him guilty of killing his wife.
The incident occurred on November 22, 2006. According to Police, the victim, Vijaya was admitted to Kamgar hospital in suburban Mulund with severe burn injuries.
Police recorded statements of Vijaya and her relatives and they said she was set afire by Donde after a fight over money. A day later, Vijaya died of burn injuries in hospital.
Kiran, brother of deceased Vijaya, told police that his sister was harassed by husband at home. After the incident he went to hospital along with mother Shindubai and were informed by Vijaya that the appellant had fought with her over the issue of money and poured kerosene on her and set afire.
The judges noted that Kiran had told police that he and her mother were present when Vijaya informed them as to how she was set on fire.
However, victim's mother, Shindubai, in cross-examination, had said that she was alone when Vijaya gave dying declaration on the incident. She even admitted that Kiran was not present when Vijaya gave her dying declaration.
"According to us, no reliance can be placed on oral dying declarations allegedly given by the victim to Kiran and Shindubai as versions of both witnesses are contradictory," said the judges.
