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Madhya Pradesh Murder Case: High Court Acquittal Upheld Due to Dying Declaration Discrepancies

The case of State of Madhya Pradesh vs. Shabana Bi involved a serious criminal charge under Section 302 IPC, wherein the respondent was accused of setting the deceased, Farida, on fire. The trial court convicted the accused based on the dying declaration of the deceased and sentenced her to life imprisonment. However, the High Court reversed the conviction, leading the State of Madhya Pradesh to appeal the decision before the Supreme Court.

Background of the Case

Farida, the deceased, and the respondent-accused were neighbors. On 19th April 2004, the respondent allegedly poured kerosene on Farida and set her ablaze. The prosecution relied heavily on the deceased’s dying declaration recorded by the Executive Magistrate, which implicated the accused.

Arguments Presented

Prosecution’s Argument

  • The prosecution contended that the dying declaration recorded by the Executive Magistrate (Tehsildar) was clear and unambiguous in naming the accused.
  • The deceased consistently maintained that the accused was responsible for the act of setting her on fire.
  • The trial court had correctly relied on the dying declaration and convicted the accused accordingly.

Defense’s Stand

  • The defense argued that there were contradictions in the dying declarations.
  • In the first statement given to Dr. Rakesh Chouksey (PW-9), the deceased mentioned that both the accused and her mother were involved in the act.
  • However, in the later statement recorded by the Executive Magistrate (PW-13), the deceased named only the accused.
  • These inconsistencies created doubt about the reliability of the statements, warranting the benefit of the doubt in favor of the accused.

High Court’s Ruling

The High Court found merit in the argument of inconsistencies in the dying declarations and held:

“There are inconsistencies between the statement of the deceased to Dr. Rakesh Chouksey (PW-9) and the dying declaration (Ex.P-25) recorded by the Tehsildar (PW-13), and that benefit of doubt to be given to the respondent-accused.”

Since the High Court found a plausible reason to doubt the prosecution’s case, it reversed the conviction and acquitted the accused.

Supreme Court’s Verdict

The Supreme Court upheld the High Court’s decision, stating:

“When there are two reasonable views and the High Court has adopted one such view which is a plausible one, we do not find any substantial ground warranting interference with the order of the acquittal.”

The Supreme Court ruled that the High Court’s reasoning was legally sound, and the benefit of the doubt had rightly been extended to the accused.

Legal Significance

The case highlights the importance of consistency in dying declarations when used as the primary basis for conviction. The Supreme Court reaffirmed that when there are reasonable doubts due to conflicting statements, the accused must be given the benefit of the doubt.

Conclusion

This judgment reinforces the principle that courts must carefully examine the reliability of evidence, especially dying declarations, before convicting an accused. By upholding the High Court’s decision, the Supreme Court ensured that the case was judged fairly, in line with established legal precedents.


Petitioner Name: State of Madhya Pradesh.
Respondent Name: Shabana Bi.
Judgment By: Justice R. Banumathi, Justice Vineet Saran.
Place Of Incident: Madhya Pradesh.
Judgment Date: 29-08-2018.

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