Thane Sessions Court Acquits Man In 19-Year-Old Wife Burning Case, Cites Contradictory Dying Declarations

Thane, July 22: A Thane Sessions Court has acquitted a 35-year-old Majiwada resident, Suresh Sanjiv Shetty, who was charged with murdering his wife by allegedly pouring kerosene on her and setting her on fire in 2007.

The acquittal came nearly 19 years after the incident, with the court holding that the prosecution had failed to prove the charge beyond reasonable doubt due to contradictory dying declarations and the absence of reliable eyewitness evidence.

Acquitting Shetty of the charge under Section 302 of the Indian Penal Code, Sessions Judge R.D. Sawant observed that the prosecution had failed to establish that Meena Shetty's death was homicidal.

“This leads me to conclude that the prosecution has failed to prove beyond reasonable doubt that the accused set Meena on fire by pouring kerosene on her person. Hence, I hold that the death of Meena is accidental. The prosecution has failed to prove that the accused committed the murder of Meena intentionally or knowingly by pouring kerosene on her and setting her ablaze. Therefore, I hold that the accused is not guilty of the offence punishable under Section 302 of the IPC,” the court said.

Contradictory Statements Examined

According to the prosecution, Meena Shetty sustained severe burn injuries at the couple's residence in New Sainath Nagar, Majiwada, on March 20, 2007, and died three days later while undergoing treatment at Thane Civil Hospital. It was alleged that Suresh Shetty, allegedly under the influence of alcohol, poured kerosene on his wife following a domestic dispute and set her on fire.

However, after examining the evidence, the court concluded that the prosecution's case suffered from significant inconsistencies.

The judgment noted that immediately after the incident, Meena gave statements to both a police officer and a Special Executive Magistrate stating that she had sustained burn injuries after a stove burst while preparing tea. In both statements, she described the incident as accidental and did not blame her husband.

Two days later, while still admitted to hospital, Meena gave another statement alleging that her husband had poured kerosene on her and set her ablaze. She claimed she had withheld the truth earlier because she had been threatened by him.

Court Finds Evidence Inadequate

The court found the subsequent version unreliable, observing that no explanation was recorded by the Special Executive Magistrate as to why a second dying declaration had become necessary.

It also noted that Meena's relatives, who had remained with her in the hospital, did not make any complaint or allegation against the accused for two days following the incident.

Holding that the two sets of dying declarations were materially inconsistent, the court observed that when conflicting dying declarations cannot be reconciled and there is no reliable material to determine which version is truthful, the accused is entitled to the benefit of doubt.

The court further noted that the spot panchanama recorded the seizure of a burst brass stove and other articles from the scene, which lent support to the defence's claim that the burns were caused by a stove explosion.

The prosecution also relied on the accused's conduct after the incident, arguing that he had absconded for nearly 12 years, indicating his guilt. Rejecting the argument, the court observed that absconding by itself cannot be treated as proof of guilt.

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“It is a settled legal position that abscondence of an accused cannot be treated as a substitute for proof. At best, it is a weak corroborative circumstance and cannot cure deficiencies in the prosecution's evidence. A person may abscond out of fear of arrest. The accused was ultimately arrested from his native place, not while hiding under a false identity. Therefore, I find no substance in the prosecution's contention that his alleged abscondence for 12 years establishes his guilt,” the court observed.

In view of these findings, the court held that the prosecution had failed to prove the charge of murder beyond reasonable doubt and acquitted Shetty of the offence.

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