The delay in lodging a first information report (FIR) led the Bombay high court to grant bail to a man and his parents who are accused of burning the man’s wife for dowry.
Pandharpur residents Sadhu Amrale and his parents have been convicted by the sessions court for burning Sadhu’s wife, Minakshi, on January 10, 2011.
Minakshi’s parents lodged a complaint 24 hours after the incident.
While granting bail last week, the division bench of justice VK Tahilramani and justice PD Kode observed that the one-day delay in the filing of FIR needed an explanation.
“There was a delay in lodging the FIR. This delay has not been satisfactorily explained by the prosecution. Prime facie, the delay raises serious doubt over the prosecution case because the conviction is only depending on one dying declaration made by Minakshi to her mother,” the high court said.
As the appeal against their conviction is pending, the high court granted them bail for Rs25,000 each.
Although there is no rule on when an FIR should be filed, it should be done as soon as a person comes to know about the crime.
According to the prosecution, Sadhu and his parents set Minakshi on fire on January 10, 2011, at 12.30pm. She succumbed to her injuries in a hospital the same day around 4pm.
Before her death, Minakshi narrated the incident to her mother.
Minakshi’s parents lodged an FIR against the Amrales the next day at 3.30pm, which was more than 24 hours after the incident.
The sessions court at Pandharpur convicted the Amrales to life imprisonment based on the victim’s dying declaration to her mother.
Burning facts
According to prosecution, Sadhu’s mother poured kerosene on Minakshi while his father held her; Sadhu who set her on fire.
Early this year, the sessions court found the trio guilty of burning Minakshi alive and sentenced them to life imprisonment. The judge relied only on the victim’s dying declaration to her mother.
The high court has asked them to report to the Pandharpur taluka police station once a month till their appeal is taken up for hearing.
