RAJESH alias Rajoo vs State S — 2025 SCMR 1876 SUPREME-COURT

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RAJESH alias Rajoo VS State S. 302(b)---Qatl-i-amd---Re-appraisal of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Accused-appellant was charged for committing murder of his wife by setting her on fire due to some domestic quarrel---Record showed that there were major contradictions in the deposition of complainant, deceased's sister, other sister of deceased and a witness---Complainant stated at one stage that he heard deceased himself with regard to her dying declaration and that she told that it was accused who had set her on fire, whereas at another place he stated that he was available outside the room---Similarly, sister of deceased stated in her deposition that when they recorded the dying declaration on the mobile phone of accused's brother there were 5 to 6 persons available in the room who heard the dying declaration, whereas according to the deposition of sister of deceased, she stated that witness recorded the dying declaration on the mobile phone of brother of accused in her presence---Moreover, there was also a contradiction in the deposition of witnesses inter se, as according to deposition of complainant and sister of deceased the incident took place due to a quarrel between accused and deceased whereas according to the deposition of deceased's sister, when deceased used to visit her parents' house regularly she had never complained about the attitude of deceased---According to some witnesses it was accused who took deceased in an injured and burnt condition in a rickshaw to the Civil hospital, whereas at a different place it was mentioned that he was not available at the time of the incident and had gone out to fetch bread etc. for breakfast---Appeal against conviction was allowed, in circumstances.

RAJESH alias Rajoo vs State S — 2025 SCMR 1876 SUPREME-COURT

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