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State of Maharashtra v. Hemant Kawadu Chauriwal & Ors.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 1828-1829 of 2013)Decided 16 Dec 2015
Criminal Appeal Nos. 1828-1829 of 2013
Justice Pinaki Chandra Ghose · Justice R.K. Agrawal

Background

A young married woman was brought to hospital in June 2004 with severe burn injuries and died two days later. Before her death, a Naib Tehsildar recorded her "dying declaration," which named her husband and mother-in-law. The Trial Court convicted the husband of murder and both of cruelty, but the Bombay High Court (Nagpur Bench) acquitted both, and the State appealed to the Supreme Court.

Decision Breakdown

The Supreme Court dismissed the State's appeal and upheld the acquittals. It found the dying declaration doubtful because it was recorded about nine hours after the incident, the police officer who delivered the request was never examined, and the document was left in someone's custody for a full day before the FIR was lodged, with no explanation. The fitness certificate did not confirm the woman's mental state at the time, and the record contradicted itself on whether she could read. The letters said to be written by her, which were the other main evidence, were never proved to be in her handwriting, and the investigation was weak. The Court also held that a suicide could not be ruled out.

Lesson Learnt

A dying declaration can be strong evidence, but courts examine the circumstances in which it was recorded and will not accept it blindly. For a criminal conviction, the prosecution must prove its key documents and explain delays, because gaps in the investigation can defeat a case even when the allegation is serious.

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

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