HIGH COURT ACQUITS HUSBAND IN MURDER CASE - DIFFERENT VERSIONS STATED IN THE TWO DYING DECLARATIONS

In a significant development, the High Court of Judicature at Bombay, Bench at Aurangabad, acquitted a husband who was convicted for the offense of murdering his wife by setting her on fire. The court, in its judgment, cited inconsistencies in the dying declarations as a key factor leading to the acquittal.

The case involved Raju Rangnath Kolte, a 31-year-old driver from Aurangabad, Maharashtra, who was charged with the murder of his wife, Manisha. The incident took place on April 14, 2014, when Manisha suffered severe burns and later succumbed to her injuries.

The court, comprising Justices Smt. Vibha Kankanwadi and Abhay S. Waghwase, thoroughly examined the evidence presented, including two dying declarations made by the deceased. However, the court noted discrepancies between the two statements and pointed out shortcomings in the investigation.

Justice Abhay S. Waghwase, in the judgment, stated, “In the light of the critical analysis of both dying declarations, there are reasons to hold that the genesis of the occurrence is not forthcoming as different versions are stated in the two dying declarations. Apart from discrepancies and shortfalls...what was the reason for recording the dying declaration...has not been clarified by the prosecution.”

The court emphasized that the prosecution had failed to prove the appellant’s guilt beyond a reasonable doubt. The inconsistencies in the dying declarations, coupled with the lack of reliable evidence and independent witnesses, raised doubts about the appellant’s sole responsibility for the incident.

“The story of the prosecution is not free from doubt,” the court stated. It further noted the appellant’s own injuries from the incident and the absence of support from neighbors and the landlady where the couple resided.

Consequently, the court allowed the appeal and set aside the conviction under Section 302 of the Indian Penal Code. The appellant was acquitted of the offense, and the court ordered his release.

This judgment highlights the critical role of dying declarations in criminal cases and the importance of establishing consistency and reliability in such statements. It reinforces the principle that each case must be determined based on its own facts and circumstances, ensuring that guilt is proven beyond a reasonable doubt.

The acquittal of Raju Rangnath Kolte, who had been serving a prison sentence, marks a significant turn in the case and brings attention to the need for a meticulous examination of evidence in criminal trials.

Date of Decision: 07.07.2023

Raju Rangnath Kolte vs The State of Maharashtra