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2025 Supreme(Raj) 2063

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, Ravi Chirania, JJ.
State Of Rajasthan - Appellant
Versus
Brij Lal S/o Rameshwar Lal R/o Fefana and ors. - Respondent
D.B. Criminal Appeal No. 165 of 1995
Decided On : 10-09-2025

Advocates Appeared:
For the Appellant : Mr. Vikram Singh Rajpurohit, PP
For the Respondent: Mr. Digvijay Singh Jasol, Amicus curiae

The appellate court emphasized that it will not interfere with an acquittal unless there is a clear demonstration of a flawed reasoning process or substantial evidence proving guilt beyond reasonable doubt.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 378 - Indian Penal Code, 1860 - Sections 302, 304-B, 498-A - Appeal against acquittal - The trial court acquitted the accused due to inconsistencies in multiple dying declarations - The appellant state argued the trial court erred by selectively relying on the second dying declaration while discarding the first - The court reiterated that in cases of multiple dying declarations, inconsistencies must be examined carefully and that the burden of proof remains on the prosecution to establish guilt beyond reasonable doubt. (Paras 11, 14, 24, 27)

(B) Acquittal - Legal principles - Courts are generally reluctant to interfere with a judgment of acquittal unless there is a perverse approach to the facts or a miscarriage of justice - It is emphasized that the presumption of innocence remains with the accused until proven guilty. (Paras 25, 26, 27)

Facts of the case:
The appeal challenged the acquittal of the accused respondents for the death of their daughter-in-law, who alleged molestation and harassment due to dowry demand, followed by a fire incident. The accused denied the charges.

Findings of Court:
The court found no basis to interfere with the trial court's judgment, affirming its detailed reasoning as valid and justified.

Issues: Whether the trial court's reliance on the second dying declaration, and the overall evidence against the accused, warranted overturning the acquittal.

Ratio Decidendi: The court upheld the trial court's finding, emphasizing the necessity of proof beyond reasonable doubt, particularly concerning inconsistencies in dying declarations and evaluating evidence critically.

Result: Appeal dismissed.

Table of Content
1. criminal appeal against acquittal. (Para 1 , 2)
2. factual background of harassment and death. (Para 3 , 4 , 5)
3. trial court's proceedings and outcome. (Para 6 , 7 , 8 , 9 , 10)
4. prosecution's argument on dying declarations. (Para 11 , 12)
5. court analysis of multiple dying declarations. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)
6. legal standards for reversing acquittals. (Para 24 , 25 , 26)
7. final verdict to dismiss appeal. (Para 27 , 28 , 29)

JUDGMENT :

MANOJ KUMAR GARG, J.

1. Instant criminal appeal has been filed under Section 378(3) and 378(1) Cr.P.C. by the appellant-State against the judgment dated 25.07.1992 passed by learned Additional District and Sessions Judge, Nohar, District Sriganganagar in Sessions Case No.51/1987 and No.70/1987 by which the learned Trial Court acquitted respondent No.1-Brij Lal from the offences punishable under Sections 498-A, 304-B & 302 IPC and respondents No.2-Meera, No.3-Hanuman Prasad & No.4-Savitri from the offences punishable under Sections 498-A & 304-B IPC.

2. The respondent No.2-Meera passed away on 28.05.2021 and vide order dated 17.09.2021 passed by a co-ordinate Bench of this Court, the present appeal qua respondent No.2-Meera has already been dismissed as abated.

3. Brief facts necessary to be noted for deciding the controversy are that on 07.05.1987 at about 08:00 AM, Smt. Madhu made a statement to the police wherein she stated that she had entered into matrimonial alliance with Respondent No. 1, Brij Lal, approximately four years prior. She further alleged that subsequent to the marriage, she was subjected to persistent harassment and cruelty by her husband, mother-in-law, and sister-in-law in connection with dowry demands. She specifically stated that her mother-in- law frequently taunted her, asserting that as she had only one son, the dowry provided by Smt. Madhu’s father was insufficient. The complainant further recounted that an altercation arose when her 18-month-old daughter misplaced a bottle of surma, which led to a quarrel initiated by the respondents. She narrated that on the preceding day, i.e., 06.05.1987, at around 2:00–2:30 PM, her mother-in- law left the house to attend a marriage ceremony, leaving her alone with Respondent No. 1, Brij Lal. At that time, Brij Lal allegedly bolted the door from inside. When she approached to drink water, he allegedly poured kerosene oil over her and, with the apparent intention to cause her death, set her ablaze using a matchstick. She further stated that she managed to douse the flames by pouring water over herself, after which Respondent No. 1 unlocked the door. Upon raising a hue and cry, neighbors, namely Rampratap Bhamu, Hari Singh, and others arrived at the scene. Thereafter, her mother-in-law and husband took her to the hospital for medical treatment.

4. On the said report, Police registered the FIR against the accused appellant for the offences punishable under Sections 307 and 498-A of IPC and started investigation.

5. On the same day i.e., 07.05.1987 at approximately 04:15 PM, the deceased- Madhu, made another statement before the Magistrate, wherein she stated that she had poured kerosene on herself and her husband thereafter ignited the fire using a matchstick. Subsequently, a third statement was also made by the deceased- Madhu at a later stage. On 29.06.1987, Madhu succumbed to burn injuries.

6. After thorough investigation, Police submitted a charge-sheet against all the four accused. Thereafter, learned Trial Court framed, read over and explained the charges for the offence under Sections 307, 498-A and 302 IPC to the accused respondents. They denied the charge and sought trial.

7. During the course of trial, the prosecution examined as many as 16 witnesses and also got exhibited relevant documents in support of its case.

8. The accused respondents were examined under Section 313 Cr.P.C. In defence, DW/1 to DW/5 were examined and also got exhibited relevant documents in support of its ca

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