A speech-impaired woman in Thane, Maharashtra, has been acquitted of arson and murder charges in her daughter-in-law's death due to conflicting evidence and inconsistencies in the victim's dying declarations, raising questions about the investigation.
Key Points
- A Thane court acquitted a speech-impaired woman accused of setting her would-be daughter-in-law on fire due to 'glaring inconsistencies' in the victim's statements.
- The court highlighted conflicting dying declarations, one implicating the accused and another suggesting the fire was accidental.
- The prosecution failed to prove its case beyond reasonable doubt, with the court noting the lack of examination of a key medical officer and insufficient chemical analysis.
- Defence argued that the victim's dying declarations were inconsistent and potentially influenced by interested parties.
- The judge emphasised the possibility of the victim being influenced when making statements, leading to the accused's acquittal.
A court in Maharashtra's Thane district has acquitted a 48-year-old speech-impaired woman accused of killing her would-be daughter-in-law, citing "glaring inconsistencies" and "contrary versions" in the dying declarations of the victim.
A copy of the order dated April 8 was made available on Friday.
Additional Sessions Judge (Bhiwandi) N K Karande ruled that the prosecution failed to prove its case beyond reasonable doubt against the accused Kamal Chandrakant Kanoja, a resident of Vikramgad in Palghar district.
The prosecution alleged that Kanoja poured kerosene on Amita Gotarna, the would-be wife of her stepson, and set her ablaze on October 27, 2020. Gotarna, who lived with the family of the accused, sustained 72 per cent burns and later succumbed to her injuries at Nashik Civil Hospital.
Defence Counsel Ramrao S Jagtap argued that Gotarna's dying declarations were inconsistent and potentially tutored by interested witnesses, including her father and brother.
Conflicting Dying Declarations
The court's decision hinged on two conflicting dying declarations. While the one given to the police implicated the accused, the other, recorded by a magistrate and admitted as evidence, stated that the fire was an accident, noting "nobody was present there".
The court further highlighted the failure to examine the medical officer who supposedly certified the victim's fitness to give a statement.
The judge pointed out the possibility of the victim being influenced, and also noted that the chemical analysis reports were insufficient to link the speech-impaired woman to the crime.
"The prosecution has not proved its case beyond reasonable doubt," the judge concluded, ordering that Kanoja be released immediately.
