IMPORTANT POINT
It is the rule of justice in criminal law that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other towards his innocence, the view which is favourable to the accused should be adopted.

JUDGMENT

N.V. RAMANA, J.

1. Aggrieved by the judgment and order dated 24th September, 2010 of the Division Bench of the High Court of Chhattisgarh, Bilaspur in Criminal Appeal No. 495 of 2005 maintaining their conviction and sentence under Section 302 read with Section 34, IPC, the appellants have filed this appeal by special leave.

2. Brief history of the case, as per prosecution case, is that Anita Jaiswal (deceased) was married to Umakant (appellant No.1) and after six months of the marriage, her husband and in-laws started harassing her to bring money from her father whenever she visits her parental home and also made a demand of Rs.50,000/- as dowry. She was also subjected to torture and cruelty every now and then by the husband and in-laws. On 2nd August, 2003, within one and a half years of her marriage, the appellant No. 1 (husband) beat her with an iron rod before night and while she was going to take bath in the morning, he caught hold of her and allegedly poured kerosene on her body. Appellant No. 2 (mother-in-law) set her ablaze by lighting a match stick.

The victim was immediately taken to Revival Medical Centre, Bhilai where appellant No. 2 stated to the Doctors that the victim sustained burn injuries due to accident (Ext. P-2) with a chimney (local lamp). The victim was treated at the Revival Medical Centre till 13th August, 2003 on which date, when the condition of the victim was getting deteriorated, the Revival Medical Centre intimated the police about the incident vide Ext. P-21. Immediately thereafter, F.I.R. (Ext. P-24) was registered by the ASI, PS Newai (PW23). Investigation was taken up by PWs 26 and 27, the Superintendent of Police and the Station House Officer respectively who also seized a bottle of kerosene oil, one wooden stool, one iron pipe etc., and a seizure memo was accordingly prepared. On 13th August, 2003 itself the victim's dying declaration (Ext. P-13) was also recorded by the Executive Magistrate (PW 12). The victim was then shifted to Jawaharlal Nehru Hospital & Research Centre, Bhilai for further treatment. However, on 7th September, 2003, during the course of her treatment, the victim died.

3. After the death of the deceased, investigation continued, witnesses were summoned, inquest was made, dead body was sent for autopsy, spot map was prepared. Having recorded statements of witnesses under Section 161, Cr.P.C., charge sheet was filed against the accused (husband, mother-in-law and father-in-law). The learned Judicial Magistrate, First Class committed the case to the Court of Session. The learned Trial Judge framed charges against the accused under Sections 3 & 4 of Dowry Prohibition Act, 1961 and under Sections 304B/34, 302/34 and 498-A, IPC. In their statement under Section 313, Cr.P.C. the accused denied the charges and claimed to be tried. At the trial, they took the plea that the deceased died as a result of accident of chimney (local lamp) and they have been falsely implicated.

4. To bring home the charges against the accused, the prosecution in all examined 27 witnesses whereas the accused, in their defence examined two witnesses.

5. The Trial Court, after analyzing the statements of witnesses and keenly considering the material evidence came to the opinion that the prosecution had got established its case and the dying declaration (Ext. P- 13) was also proved from its writer (PW-12). After going through the entire process of trial and in the light of various rulings of this Court, the Trial Court came to the conclusion that all the three accused were guilty of the offences charged against them, except charge under Section 304/B/34, IPC against father-in-law of the deceased. The Trial Court accordingly acquitted him of the said charge and sentenced all the accused in the following terms.