In Brief
A woman with 98% burn injuries died in hospital after making dying declarations accusing her husband and sister-in-law of dousing her with kerosene and setting her on fire. The trial court acquitted the accused, holding that suicide could not be ruled out. The High Court reversed this, relying on the dying declarations. The Supreme Court restored the acquittal, holding that the victim's fitness to make the statement was doubtful given her severe injuries, pain, and the painkillers administered before the statement was recorded. The Court found the neighbouring witnesses essential but absent, the occurrence in the kitchen (not bedroom) suggestive of suicide, and the dying declaration insufficient corroboration without other evidence. The Court emphasised reluctance to disturb acquittals and the need for corroboration when the declarant's mental state is questionable."
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