Three years after two women were convicted of killing another woman by setting her ablaze for failing to repay Rs 300 borrowed from one of them, the Bombay High Court acquitted the duo, observing that the prosecution had failed to prove the case.
A division bench of justices VK Tahilramani and AR Joshi observed: "... it must be said that the prosecution has not reached that standard of proof which is required to establish the guilt of both the appellants accused for the offence punishable under Section 302 (murder) read with Section 34 of IPC, beyond reasonable doubt."
The HC was hearing an appeal filed by Anusaya Kasbe, 52, and Leela Dhotre, 50, who were sentenced to life imprisonment by sessions judge at Pune in 2011 for murdering one Usha Kale.
According to additional public prosecutor VR Bhonsale, Kale had borrowed Rs 500 from Kasbe and could pay back only Rs 200. A fight broke out over the remaining money on May 27, 2009 at Kale's house in Pune.
While Dhotre allegedly poured kerosene on Kale, Kasbe set her on fire. Kale, who succumbed to burns in a hospital, had given more than one dying declarations, the court was informed.
Pointing out loopholes in the prosecution theory, defence advocates, Satyavart Joshi and Daulat Khamkar, argued that Kale was staying in the house of one Sakhrabai Kasbe and her daughter Sapna, who had allegedly witnessed the incident. Though the police had recorded their statements, the two were not examined during the trial.
The bench observed: "In our considered view, the facts of the case and the discrepancies, which are brought to our notice on behalf of the appellants, go to show that a doubt has been created whether the victim had given her statement to the effect of involving both the appellants in the burning incident."
The judges further noted that while Kale, in her dying declaration to a doctor, had named Kasbe and Dhotre, the doctor did not refer to the two women as he deposed in the court.
Also, the thumb impression (of Kale) obtained on the dying declaration has not been attested either by the police officer who recorded her statement or by the doctor who recorded the crime history, observed the judges. Also, the doctor had not mentioned if Kale was in a fit state of mind to give a statement.
The court has directed the authorities at Yerawada Central Prison, Pune, to release the women immediately, if they are not required in any other case.
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