A man and his parents have been acquitted of murder charges by the high court due to lack of corroborative evidence from the wife’s dying declarations. The court also pointed to their previous acquittal in relation to charges of cruelty and under the Dowry Prohibition Act.

The case revolved around the prosecution’s claim that the wife, Manjamma, was harassed by the man, Thippeswamy, and his parents to bring additional dowry of Rs 25,000. The couple got married on June 15, 2010, and at the time, the accused received Rs 12,000 as dowry.

It was alleged that on October 14, 2013, Thippeswamy, instigated by his mother Jayamma, poured kerosene on Manjamma and his father set her ablaze. Manjamma was taken to a hospital by the neighbors but succumbed to her injuries, as she had sustained 80% burns. Two dying declarations were recorded, one by tahsildar Kantharaja and another by head constable CB Murugod in the presence of a doctor.

The trial was conducted for murder charges, as well as charges under sections 498A IPC, 304 B of IPC, and the Dowry Prohibition Act. On January 8, 2016, the principal district and sessions court in Chitradurga convicted them for murder.

However, Thippeswamy and his parents argued that the dying declarations cannot be relied upon, as Manjamma had suffered severe burns. The additional state public prosecutor, on the other hand, argued that the dying declarations indicated a criminal conspiracy by the accused who had bolted the door and set her ablaze.

The high court division bench noted that medical evidence needs to be corroborated by eyewitness testimony. In favor of the accused, the court extended doubt and acquitted them of all charges.

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