Husband’s Murder Conviction Set Aside After 12 Years In Jail: Karnataka High Court Orders Release, Finds Doubts In Wife’s Dying Declarations

BENGALURU: The Karnataka High Court has set aside a husband's murder conviction under Section 302 IPC after finding serious doubts about his wife's dying declarations and the prosecution's evidence. The husband, who had already spent 12 years in judicial custody, was ordered to be released if he was not required in any other case.

A Division Bench of Justice Mohammad Nawaz and Justice B. Pramod delivered the judgment on 28 October 2026. The Court partly allowed the husband's criminal appeal but upheld his convictions for cruelty and other offences.

The case began on 22 September 2015, when the prosecution alleged that Sannappa threatened his wife with a knife, forced her to pour kerosene on herself and set herself on fire. She suffered 90–95% burn injuries and died on 28 September 2015.

The police mainly relied on two dying declarations recorded on 23 September 2015. The first statement, Ex.P14, was treated as a dying declaration, while the second, Ex.P15, became the basis for registering the FIR.

The Principal District and Sessions Judge, Chitradurga, convicted the husband on 29 December 2018 and sentenced him on 2 January 2019. He received life imprisonment for murder, along with punishments for cruelty, assault, wrongful restraint, intentional insult and criminal intimidation.

Read Also:- ‘Maa Kasam Khao Nahi Paltoge…’: Yuzvendra Chahal Dig At Delhi High Court’s Verdict & Dhanashree Verma On Alimony

Challenging the conviction, the husband argued that the dying declarations were unreliable. He pointed out that both statements lacked the doctor's signature, two persons allegedly present during the recording of Ex.P14 were not examined, and Ex.P15 had no medical fitness endorsement.

The defence also questioned why the police recorded a second statement instead of registering the FIR based on the first declaration. The deceased's uncle, who was a police officer, was present at the hospital, while important hospital treatment records were not produced.

The Karnataka High Court found these omissions significant, especially because witnesses gave conflicting statements about whether the deceased could speak after suffering such severe burn injuries.

The Court also noted that the investigating officer had enough time to arrange for a Magistrate to record the dying declaration but failed to do so. Although a statement recorded by a police officer is not automatically inadmissible, its reliability must be established.

The Court observed that it would be “wholly unsafe to place implicit reliance upon the dying declaration” without convincing supporting evidence in the circumstances of this case.

Read Also:- MP High Court: Divorce Upheld on Wife’s Adultery Based on Photos Even Without Section 65B Certificate – Evidence Act Not Mandatory in Matrimonial Cases

The prosecution also relied on a video recording of the deceased's statement. However, the required Section 65B certificate under the Indian Evidence Act, 1872, was missing, creating another serious evidentiary issue.

The High Court further explained that merely proving that the husband and wife were last seen together was insufficient to establish murder. The prosecution had to prove a complete chain of circumstances that ruled out reasonable possibilities consistent with innocence.

After examining the evidence, the Court held that the prosecution failed to prove the murder charge beyond reasonable doubt. It therefore set aside the husband's conviction and life imprisonment under Section 302 IPC.

However, the Court upheld his convictions under Sections 498A, 341, 504, 323 and 506 IPC. Since the husband had already spent more time in custody than the sentences imposed for

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• 12 Years Behind Bars: Husband's murder conviction overturned after serious doubts in prosecution evidence.
• Wife's Dying Declarations Questioned: Missing medical endorsements and contradictory evidence weakened the murder case.
• Investigation Under Scrutiny: Missing hospital records and procedural lapses raised serious concerns.
• Allegations Are Not Proof: Husband's murder conviction set aside as the prosecution failed to prove guilt beyond reasonable doubt.
• Justice After 12 Years: Karnataka High Court ordered husband's release, while upholding his convictions for cruelty and other offences.