Calcutta High Court Overturns Conviction in Wife Immolation Case, Citing Flawed Dying Declaration
In a significant legal development, the Calcutta High Court has acquitted a man who was convicted nearly a decade ago for the immolation of his wife. The court's decision, delivered on Monday, centered on discrediting the victim's dying declaration due to serious procedural lapses.
Court Questions Validity of Dying Declaration
The division bench, comprising Justice Rajasekhar Mantha and Justice Rai Chattopadhyay, ruled that a dying declaration can only sustain a conviction if it is voluntary and beyond reasonable doubt. However, in this case, the bench identified suspicious circumstances surrounding the declaration, which was the sole basis for convicting the husband, Kader Mia.
The court highlighted that the doctor from Dinhata SD Hospital, who recorded the dying declaration on September 1, 2011, failed to inform the police about it. Additionally, the doctor could not provide a satisfactory explanation for why the victim gave a thumb impression instead of signing the statement and why it was not taken in the presence of family members.
Procedural Lapses Undermine Case
The dying declaration was crucial to the prosecution's case because key witnesses, including the victim's father and brother, had turned hostile during the trial. Furthermore, the post-mortem examination could not confirm homicide, and the investigation was found to be flawed.
While a dying declaration can be recorded by any respectable state officer, and a government hospital doctor qualifies as such, the court held that this particular doctor did not appear responsible. During the trial, the doctor admitted that he neither read over the declaration to the victim nor explained its contents to her, raising doubts about its authenticity and voluntariness.
Background of the Case
Kader Mia was sentenced to life imprisonment by a Dinhata court in 2015. The case originated on September 1, 2011, when the victim's father alleged that her husband and in-laws had set her on fire. The victim succumbed to her injuries ten days later.
Interestingly, her family later retracted their allegations, claiming that the couple had cordial relations and denying any kerosene attack or suicide. This retraction further complicated the prosecution's narrative and contributed to the court's decision to acquit.
The Calcutta High Court's ruling underscores the importance of strict adherence to legal procedures in recording dying declarations, emphasizing that any lapse can jeopardize the entire case and lead to miscarriages of justice.
