Nagaraja U D v. State of Karnataka
Case brief
What is this about?
dying declaration; fitness of declarant not certified; Taluk Executive Magistrate/Tahsildar-recorded declaration (Ex.P13); 90-95% burn injuries; doctor's admission declarant could not speak; absence of medical endorsement; non-collection of case sheets; delay in despatch of FIR; delay in producing dying declaration till charge-sheet; place of recording inconsistency; no eye-witnesses to kerosene burning; no evidence of dowry demand; prosecution failed beyond reasonable doubt; appellate acquittal on re-appreciation; benefit of doubt; S.374(2) CrPC; Ss.498A/302/304-B IPC; S.3 Dowry Prohibition Act; S.313 CrPC statement; Karnataka High Court.
What did the court decide?
Appeal allowed; judgment of conviction dated 01.03.2018 and order on sentence dated 05.03.2018 in SC No.87/2015 set aside; accused acquitted of offences under Sections 498-A, 302, 304-B IPC and Section 3 of the Dowry Prohibition Act; Registry directed to communicate the judgment to the Jail Authority to release the accused forthwith if not required in any other case; trial court records with a copy of the judgment to be sent to the concerned Court; High Court Legal Services Committee to pay requisite fee to counsel Sri H.S. Suresh.