Acquittal - Husband Walks Free as Supreme Court Questions Reliability of Dying Declaration

In a significant ruling on November 2, 2023, the Supreme Court acquitted a man previously convicted of abetting his wife’s suicide, citing serious doubts about the authenticity of the dying declaration which formed the crux of the prosecution’s case.

The apex court, led by Justice Abhay S. Oka and Justice Pankaj Mithal, overturned the earlier verdict, emphasizing that, “If the conviction is to be based only on the dying declaration, necessarily, it must be of an unimpeachable quality.”

The case involved the appellant, Shambhubhai Kalabhai Raval, who was convicted under Sections 306 and 498A of the Indian Penal Code for allegedly instigating his wife to commit suicide. The deceased wife had set herself on fire after a decade of marriage. The prosecution’s argument hinged on a dying declaration that was recorded under questionable circumstances, lacking a doctor’s fitness endorsement and contradicted by the panchnama recorded shortly after.

The bench expressed concern over the prosecution’s decision to withhold a key witness, stating, “The prosecution has not explained why the evidence of this material witness was withheld from the Court.”

Highlighting the inconsistencies in the presented evidence, the judgment read, “These factors taken together create a serious doubt about the correctness of the dying declaration.”

As a result of these combined doubts, the court ruled that “the prosecution has failed to prove the guilt of the appellant beyond a reasonable doubt.” This landmark judgment underscores the court’s stance on the necessity for incontrovertible evidence when adjudicating matters of such grave consequence.

The bail bond of Raval, who was on bail, has been cancelled following the acquittal, and the appeal allowed on the terms laid out by the Supreme Court. This case raises important questions about the weight of dying declarations and the standard of proof required for convictions in criminal law.

Date of Decision: November 02, 2023

SHAMBHUBHAI KALABHAI RAVAL VS STATE OF GUJARAT