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2025 Supreme(Guj) 1477

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Hasmukh D. Suthar, Pranav Trivedi, JJ.
State Of Gujarat – Appellant
Versus
Koli Babubhai Popatbhai – Respondent
R/Criminal Appeal No. 1277 of 2003
Decided On : 05-07-2025 

Advocates:
Advocate Appeared:
For the Appellant : MS. Shruti Pathak, Additional Public Prosecutor

The burden of proof lies with the prosecution to prove guilt beyond reasonable doubt, and a dying declaration requires corroborative evidence to be deemed reliable.

Headnote:(A) Code of Criminal Procedure - Section 378 - Indian Penal Code - Sections 307 and 302 - Appeal against acquittal - The learned Sessions Court acquitted the accused due to lack of clear evidence connecting him to the crime, observing that the prosecution failed to prove guilt beyond reasonable doubt. (Paras 2.1, 6.6, 9, 10)

(B) Burden of Proof - In criminal cases, the burden of proof lies on the prosecution, which must establish the accused's guilt to a standard of beyond reasonable doubt. (Paras 8, 9)

(C) Dying Declaration - The court noted that a dying declaration must be supported by corroborative evidence to be reliable, and in absence of such evidence, it cannot solely form the basis for conviction. (Paras 6.7, 8.2)

Facts of the case:
The respondent was accused of setting the complainant on fire during a quarrel following an illicit relationship. The complainant later died from her injuries. (Paras 2.1, 2.2)

Findings of Court:
The prosecution failed to produce conclusive evidence, leading to an acquittal based on the principle of presumption of innocence. (Paras 9, 10)

Issues: Whether the prosecution sufficiently proved the accused's guilt and the reliability of the dying declaration. (Paras 6.7, 9)

Ratio Decidendi: The court reasoned that doubts regarding the prosecution's evidence necessitate acquittal, affirming the principle that the prosecution bears the burden of proof in criminal cases. (Paras 8, 9)

Result: Appeal dismissed; acquittal upheld.

JUDGMENT :

HASMUKH D. SUTHAR, J.

1 This appeal is directed under Section 378 of the Code of Criminal Procedure (hereinafter referred to as “the Code” for short) against the judgement and order of acquittal dated 19.07.2003 passed by the learned Additional Sessions Judge, Fast Track Court, Dhrangadhra in Sessions Case No.15 of 2000, whereby, the learned Sessions Court acquitted the respondent for the offence punishable under Sections 307 and 302 of the INDIAN PENAL CODE .

2 The following noteworthy facts emerges from the record of the appeal:

2.1 The prosecution case in brief is that the complainant-Hakiben Gagjibhai had illicit relationship with the accused Koli Babubhai Popatbhai of Halvad. They often quarreled with each other during their illicit relationship.

2.2 It is further the case of the prosecution that on 14.04.2009, at about 9:00 PM in the night, when the complainant was present at her home, the accused came on the bicycle and started quarreling with the complainant and on being asked to not to quarrel, the accused got angry on the complainant and in that moment of anger and excitement, sprinkled kerosene on the complainant and set the complainant on fire with matchstick.

2.3 It is further the case of the prosecution that on being burnt by the accused, the complainant started shouting loudly, due to which her sister Lila rushed to the place of offence and extinguished the fire. Thereafter, she was taken to a private hospital and then shifted to Civil Hospital, Morbi for further treatment where, during the treatment the police recorded the statement of the complainant and the Executive Magistrate too recorded her Dying Declaration. The complainant succumbed to the injuries and died on the next day i.e. 15.04.2000.

2.4 Accordingly, FIR being C.R No. 34/2000 was lodged before the Halvad Police Station. At the end of the investigation, chargesheet was filed against the accused before the trial Court. However, since it was a sessions triable offence, the case was committed to Sessions Court and ultimately trial was initiated and charges came to be framed below Exh.15 as under:

On 14.04.2000 at 21:30 pm, as the accused was having affair with the deceased- complainant Hakiben, entered in her home and sprinkled the kerosene and set her ablaze on fire and thereby he has committed an offence under Sec.302 of the INDIAN PENAL CODE .

The accused pleaded not guilty and claimed to be tried.

2.5 At the trial, in order to bring home the charges levelled against the accused, the prosecution examined several witnesses and also relied upon the documentary evidences, which are as under:

List of Oral Evidence:

Sr No.PW No.Name of the witnessExh.No.
1PW-1Dr.Mahendrabhai Amrutlal Sanghvi47
2PW-2Kantilal Gokalbhai50
3PW-3Dr.Devkaran Mohanbhai Kagathara53
4PW-4Vijayaben Hirabhai Valand56
5PW-5Dr.Rampyare Prasadverma57
6PW-6Ramnikbhai Hirabhai60
7PW-7Ramjibhai Chhanabhai62
8PW-8Bhagwanbhai Hamirbhai64
9PW-9Dahyalal Amrishbhai66
10PW-10 Samjuben Nileshbhai69
11PW-11 Pramilaben Batukbhai70
12PW-12 Leelaben Gagjibhai71
13PW-13 Dhirubhai Laljibhai72
14PW-14 Gopalbhai Bhagubhai73
15PW-15 Kokilaben Haribhai74
16PW-16 Nirubhai Kanubha75
17PW-17 Bhavansinh Khumansinh76
18PW-18 Dr.Pragjibhai JethabhaiBhadeja79
19PW-19 Harishbhai Harshadbhai Gandhi83
20PW-20 Shravanbhai Rambhai Varu88
21PW-21 Pradipbhai GhanshyamsinhJadeja95

List of documentary evidences

Sr No.DescriptionExh.N o.
1Yadi sent to Morbi Police Station48
2Post Mortem note of the deceased Hakiben49
3Yadi by the PSI, Halvad to Mamlatdar51
4Map of the incident52
5Consent letter to the doctor54
6Certificate of the injury caused to Babubhai Popatbhai55
7Certificate of the injury caused to the deceased-Hakiben58
8Case papers of Hakiben59
9Inquest Panchnama63
10Panchnama of the place of offence61
11Panchnama of detention of the accused-Babubhai65
12Panchnama of voluntary discovery of half burnt shirt by the accused himself.67
13Original copy of Station diary Entry No.2 of 200077
14Transfer chit of Halvad Medical Officer80
15Case papers of t

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