In a significant ruling, the Rajasthan High Court at Jodhpur has set aside the life sentence awarded to a 25-year-old man convicted of setting his wife on fire. The Division Bench said the prosecution failed to prove the charge of murder beyond reasonable doubt and found serious lapses in the recording of the dying declaration - the very foundation of the case.
The judgment was delivered on February 6, 2026, in a criminal appeal filed by Soma, who had challenged his conviction under Section 302 of the Indian Penal Code.
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Background of the Case
According to the prosecution, on September 14, 2015, Kanku Devi was brought to the Government Hospital in Salumber with severe burn injuries. Police were informed, and her statement was recorded the same afternoon.
In her alleged dying declaration, she stated that her husband Soma had poured kerosene on her and set her on fire after she refused to give him money to buy liquor. She later succumbed to nearly 90% burn injuries during treatment in Udaipur. Initially registered under attempt to murder, the case was converted to murder after her death.
The trial court relied mainly on this dying declaration and convicted Soma in 2018, sentencing him to life imprisonment with a fine.
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Defence Arguments Before the High Court
Appearing for the appellant, counsel argued that the conviction rested entirely on a doubtful dying declaration. He pointed out that:
- No Executive or Judicial Magistrate was called to record the statement, despite their offices being just 500 feet away from the hospital.
- There was no written medical certification stating that the deceased was mentally and physically fit to give a statement.
- The document did not clearly mention who wrote it.
- The doctor admitted he had not made any endorsement about her fitness.
The defence also highlighted that Soma himself had suffered burn injuries while trying to extinguish the fire - a fact supported by medical evidence.
It was further argued that several prosecution witnesses admitted that a religious gathering was taking place near the house at the time of the incident and that Soma was present there.
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Court’s Assessment of Evidence
The Bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma undertook a detailed re-evaluation of the evidence.
Doubts Over the Dying Declaration
The Court noted that while a dying declaration can form the sole basis of conviction, it must be voluntary, truthful, and recorded when the person is in a fit state of mind.
In this case, however:
- No medical endorsement certified the victim’s mental fitness.
- No pulse rate, blood pressure, or burn assessment was recorded at the time of the statement.
- The scribe of the declaration was not examined in court.
- The investigating officer admitted no request was made to a Magistrate.
The Bench observed that these lapses created serious doubt. Referring to Supreme Court precedent, the Court remarked that when a dying declaration is surrounded by suspicious circumstances, “it would be unsafe to place implicit reliance upon it.”
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Contradictions in Witness Testimony
The High Court also found inconsistencies in the statements of key witnesses. Official records indicated that the victim’s father and relative had directly reached Udaipur Hospital, contradicting their claim that they spoke to her at Salumber Hospital.
The medical jurist admitted in cross-examination that 90% burns can occur accidentally. The Court noted that the medical evidence established death due to burn shock but did not conclusively prove homicidal burns.
Importantly, the accused had sustained burn injuries on his hands. The doctor stated such injuries could occur while attempting to save a person on fire.
The Bench observed that the explanation given by the accused - that he rushed from a community feast after hearing screams and tried to save his wife - appeared plausible and was supported by multiple witnesses and medical records.
Court’s Decision
After examining the record in detail, the High Court held that the prosecution failed to prove the charge beyond reasonable doubt.
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The Bench concluded that the dying declaration could not be treated as reliable due to procedural defects and lack of safeguards. With significant contradictions in witness testimonies and a credible alternative explanation offered by the accused, the benefit of doubt had to go to him.
Accordingly, the High Court allowed the appeal, set aside the conviction and sentence dated June 6, 2018, and acquitted the accused of the charge under Section 302 IPC.
Case Title: Soma v. State
Case No.: D.B. Criminal Appeal No. 181/2018
Decision Date: 06 February 2026
