In Brief
A husband was convicted and sentenced to death for setting his wife and three daughters on fire; the cousin who was present also died from burns. The Supreme Court upheld the acquittal granted by the High Court, finding that the prosecution's case—heavily reliant on dying declarations—was fundamentally flawed because evidence of these declarations was never put to the accused during his examination under Section 313 of the Criminal Procedure Code. This denial of opportunity to explain critical evidence caused prejudice. Additionally, the trial judge failed to properly examine the child witness. After 14 years, remanding the case for supplementary examination would be unjust. The Court also noted the High Court's acquittal was a defensible view, warranting no interference.
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