Aurangabad: The Aurangabad bench of the Bombay high court has acquitted a woman who was sentenced to life time imprisonment for allegedly burning alive her husband's second wife 18 years ago.The division bench comprising Justice SS Shinde and Justice SM Gavhane said on July 7 that the trial court, while recording the findings of conviction of the accused, has not correctly appreciated that the dying declaration was surrounded by suspicious circumstance, and there is no endorsement by the medical officer about mental and physical fitness of the deceased to give such dying declaration.According to the prosecution, on June 4, 1999 afternoon, then 26-year- old Aminabi, wife of Shaikh Chand, allegedly murdered Nurjahan Begum, while she was sleeping along with her three-year-old son in their house. The accused allegedly poured kerosene on the victim and set her ablaze, leading to 95% burn injuries.The sessions court convicted her under section 302 of the IPC and sentenced to life imprisonment on June 21, 2001.Before the high court, Aminabi's lawyer Vijay Sharma contested that the evidence of other witnesses in the nature of corroboration to the dying declaration is not trustworthy, and therefore, the appellant is entitled to get the benefit of doubt.He also pointed out that the three-year-old kid, who sustained 2% burn injuries, was replaced with a nine-year-old boy as witness in the case.Sharma also brought to the notice of the court that the dying declaration was recorded about 20 minutes before she passed away, raising questions over her mental condition to record statement.The high court observed that, though the special executive magistrate had recorded the dying declaration of the deceased, it has been discarded by the trial court citing that it suffers from procedural as well as legal infirmities.The high court went on to state that though the dying declaration was registered as FIR subsequently, there is no endorsement of the medical officer that Noorjahan was conscious and oriented to give a declaration. It appears that the dying declaration was recorded at 21.30 hours. There is no mention of starting time of the recording and when the recording ended.The high court also said that the trial court had mentioned that there are three thumb impressions on the the original record of the dying declaration (exhibit 18). But, there are four thumb impressions, which are clearly visible.Citing a series of high court and Supreme Court rulings, the court acquitted the woman by stating that "we are of the view that, the evidence brought on record by the prosecution, to uphold the conviction of the appellant, is not cogent, convincing and sufficient."

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