Gujarat High Court

Dying declaration and FIR are unreliable where medical evidence proves deceased lacked physical and mental capacity to speak.

STATE OF GUJARAT vs MASRI PABABHAI MER

Gujarat High CourtJUDGMENT: July 03, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The State appealed against the acquittal of the respondent (husband) for offences under Sections 306, 498(A), and 504 of the IPC.

Source reference: p. 1-2

The prosecution alleged that on January 25, 2011, the respondent harassed the deceased regarding household work, leading her to self-immolate with kerosene.

Source reference: p. 2

The deceased succumbed to injuries on February 7, 2011, after 12 days of treatment.

Source reference: p. 5

The prosecution relied on a Dying Declaration (DD) and an FIR recorded by the Investigating Officer.

Source reference: p. 7

Medical evidence suggested the deceased had 95% to 98% third-degree burns, with burnt vocal cords and peeled skin.

Source reference: p. 6

Parents and panch witnesses did not support the prosecution.

Source reference: p. 6

The Trial Court acquitted the accused on June 30, 2012.

Source reference: p. 1
02

Issues

1. Whether the Trial Court was justified in passing the judgment of acquittal based on the available evidence.

Source reference: p. 5

2. Whether the Trial Court correctly appreciated the oral and documentary evidence, specifically the reliability of the Dying Declaration.

Source reference: p. 5

3. Whether there was any manifest illegality or perversity in the impugned judgment that warrants interference by the Appellate Court.

Source reference: p. 5
03

Law Applied

Section 378 of the CrPC regarding appeals against acquittal.

Source reference: p. 1

Principles governing the "double presumption of innocence" in acquittal cases, which requires the Appellate Court to exercise restraint unless the lower court’s view is perverse or illegal.

Source reference: p. 9-10

Ingredients of Section 306 (Abetment of suicide) and Section 498A (Cruelty) of the IPC.

Source reference: p. 8

Precedents including Chandrappa v. State of Karnataka [(2007) 4 SCC 415], Rajesh Prasad v. State of Bihar [(2022) 3 SCC 471], and Ramesh v. State of Karnataka [[2024] 9 SCC 169], which establish that if two reasonable views are possible, the view favoring acquittal should not be disturbed.

Source reference: p. 10-11
04

Reasoning

The Court found the prosecution's reliance on the Dying Declaration and FIR highly suspect.

Source reference: p. 6

Medical testimony from Dr. Badal Gandhi (PW-12) confirmed that the deceased had nearly 100% burns and affected vocal cords, making her unable to speak.

Source reference: p. 6

The Executive Magistrate failed to obtain a fitness certificate from a doctor or verify the deceased's conscious state before recording the DD.

Source reference: p. 6

The Court noted that the "quarrel" described was a routine domestic altercation regarding labor work at a quarry, which does not satisfy the legal requirements for "abetment" under Section 306 or "cruelty" under Section 498A.

Source reference: p. 8

Since the marriage lasted seven years with no prior history of complaints, and key witnesses turned hostile, the evidence was insufficient to link the respondent to the crime.

Source reference: p. 7-8
05

Holding

The High Court dismissed the appeal and confirmed the Trial Court's order of acquittal.

The Court held that the Trial Court’s findings were neither perverse nor illegal, and the prosecution failed to prove the charges beyond a reasonable doubt.

Source reference: p. 12

The respondent’s bail bond was ordered to be cancelled.

Source reference: p. 13
Gujarat High Court

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STATE OF GUJARATvsMASRI PABABHAI MER

Gujarat High Court · July 03, 2026

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