NEW DELHI: A man serving life term for murdering his sister-in-law by pouring acid on her has been acquitted by the
Delhi high court. The court questioned the reliability and credibility of the victim’s dying declaration and set aside the conviction of the man due to lack of evidence.
“Reliability and credibility of the witness who deposes about the dying declaration are the twin requirements which the trial court is obliged to satisfy itself about while basing its findings on such evidence,” a bench of Justices S Ravindra Bhat and S P Garg said.
The accused, Jugal Kishore, was unhappy that Meena worked as a domestic help, said the prosecution. Despite his objections, she continued to work. On April 22, 2008, Meena was at a park when
Kishore poured acid on her and fled.
A
home guard constable reached the spot and on the way to hospital, Meena narrated her plight to him, according to the prosecution.
The court, however, questioned the conduct of the constable, saying despite “being a responsible officer trained in the drill of what ought to be done when dealing with a medico-legal case”, the constable left the hospital without waiting for the police.
“His conduct is not that of a responsible individual; he does not even mention having seen any policeman, and satisfying himself that the incident was suitably reported to the nearest police station. He certainly was not present when the alleged dying declaration was recorded by PW-20 (police officer),” the bench said.