The Apex Court on 30.03.2019, in POONAM BAI v THE STATE OF CHHATTISGARH, had allowed  the  appeal that had been  made against the High Court of Chhattisgarh’s judgment setting aside the trial court’s judgment and convicting the appellant   under  Section 302  of  IPC.

 FACTS:

The appellant had gone into the house of the deceased while she was alone and during a fight had burnt her body by pouring kerosene and later lighting it with matchstick resulting in grave burning injuries being sustained by the deceased. A report was lodged at the Police Station by the deceased’s daughter and the appellant faced an acquittal by the judgment passed by the Trial Court. Eventually, an appeal had been made before the High   Court wherein the appellant had to face conviction under Section 302 of the IPC. 

Being aggrieved an appeal was made before the Supreme Court of India.

CONTENTIONS RAISED BY THE APPEALLANT:

 It had been contested by the   appellant that case was not proven beyond probable doubt followed by presence of no eye witnesses and that the case was wholly dependent upon the two dying declaration while the actual motive of the act had not been proved thereby not making it justified from the part of the High Court to reverse the the judgment of acquittal that was passed by the trial court.

HELD:

The Apex Court while allowing the appeal and setting aside the judgment of the High Court  followed by restoring the decision of the trial court, held that the motive of the crime and  evidence pertaining to dying declarations has to be proved beyond reasonable doubts for justifying the conviction of the appellant.