Indian Penal Code,1860  - Section 498-A , Section 302

Dowry death - Three dying declarations. - Clouds of doubts surrounded - Acquittal justified - One was made before the Executive Magistrate on 14th July, 2003, the second before her father, Dilip (PW-5)-complainant on 15th July, 2003 and the third dying declaration before the Executive Magistrate on 16th July, 2003. The complainant, Dilip (PW-5), father of the deceased in his FIR dated 16th July, 2003 had not stated that her daughter Archana alleged that the accused was asking for intercourse second time on 14th July, 2003, and when she refused the accused sprinkled kerosene on her and put her on fire. The prosecution could not explain as to why the second dying declaration was taken on 16th July, 2003, though in the said declaration the deceased Archana had stated that she had not called for the second dying declaration - All this aspect has been discussed by the Sessions Judge who acquitted the appellant.In the present case, the view taken by the Sessions Judge is neither unreasonable nor perverse - It is possible reasonable view based on the evidence on record - In the circumstances, the High Court was not justified in setting aside the order of acquittal.

Topic(s)-Dowry Death - Three dying declarations - Acquittal justified