The Supreme Court has set aside a Madras High Court order that had reversed the acquittal of two accused in a 2005 gas explosion case in Tamil Nadu, reinstating the trial court’s decision to acquit them.
The case stemmed from an incident on 14 June 2005, when a fire broke out in the early morning, injuring the deceased, her husband (Appellant No.1), and their children. The prosecution alleged that the gas regulator had been deliberately left open at night, causing the explosion when the stove was lit. Appellant No.1 was charged under Sections 498A and 306 of the IPC, while Appellant No.2 faced charges under Sections 498A and 109 read with 306 IPC.
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The trial court, after examining evidence from both sides, concluded that the prosecution had failed to prove the charges and acquitted the accused. However, on a revision petition filed by the complainant, the Madras High Court remitted the case back to the trial court, stating that the dying declaration was not properly considered.
The Supreme Court noted that the dying declaration, recorded by a doctor, only mentioned that the gas regulator had been left open accidentally, leading to the fire, and did not implicate the husband. The Court observed:
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"From the aforesaid dying declaration, nothing could be inferred to suggest that the deceased raised any accusation against her husband."
The bench also rejected the complainant's reliance on statements made by the deceased's father, citing scientific evidence that the fire was accidental. Calling further trial proceedings "a futile exercise," the Court restored the acquittal of both appellants and allowed the appeal.
Case Title:- Khaja Mohaideen & Anr. vs. The State of Tamil Nadu & Anr.
Case No.:- Criminal Appeal No. 3152 of 2025
