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Sow. Chhaya v. The State of Maharashtra

Criminal Appeal · 2018 INSC 673Decided 3 Aug 2018
Criminal Appeal No. 963 of 2018
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar

Background

The victim, a young married woman, died of 100% burn injuries at her matrimonial home; a dying declaration recorded before her death implicated both her husband (Accused No. 1) and the appellant, her husband's sister-in-law (Accused No. 2). The trial court and the Bombay High Court (Aurangabad Bench) convicted both under Sections 302/34 and 498A/34 IPC. The husband's own appeal had already been dismissed by the Supreme Court and attained finality, leaving only the sister-in-law's appeal for consideration.

Decision Breakdown

The appellant produced a medical certificate, verified and accepted as genuine by the State, showing she had undergone surgery on 30.1.2013 and needed bed rest for over 15 days, supporting a plea of alibi for the period around the incident. The Court found that, apart from being named in the dying declaration, there was no specific evidence of dowry demand or harassment by the appellant, who lived separately from the victim and her husband; the courts below had convicted her on vague and cryptic allegations. Giving her the benefit of doubt in light of the medical evidence and the absence of definite proof, the Supreme Court set aside her conviction and allowed her appeal, directing her release unless required in any other case.

Lesson Learnt

A conviction based mainly on being named in a dying declaration cannot stand where there is no specific, credible evidence of individual wrongdoing against that particular accused, and a verified medical alibi can be decisive in securing an acquittal even at the Supreme Court stage.

Official source (sci.gov.in)View Judgment (PDF)

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