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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
A.B. CHAUDHARI, INDIRA K. JAIN, JJ.
Rajesh @ Raju - APPELLANT (Original Accused)
VERSUS
State of Maharashtra - RESPONDENT
CRIMINAL APPEAL NO. 585 OF 2012
Decided On : 09.09.2015
Indian Penal Code - Conviction based on ocular evidence of child witness and two written dying declarations - Sections 302, 506 - The court found that the appellant poured kerosene on his wife and set her on fire, resulting in her death.
Fact of the Case:
The appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code for setting his wife on fire, resulting in her death. The prosecution's case was based on the ocular evidence of a child witness and two written dying declarations.
Finding of the Court:
The court found that the appellant poured kerosene on his wife and set her on fire, resulting in her death. The conviction was mainly based on the ocular evidence of the child witness and the two written dying declarations.
Issues: The issues revolved around the reliability of the evidence provided by the child witness and the dying declarations, as well as the appellant's defense of sustaining burn injuries while attempting to extinguish the fire.
Ratio Decidendi: The court emphasized the importance of carefully scrutinizing the evidence of a child witness and the need for compliance with the provisions of Section 309 of the Code of Criminal Procedure. It also highlighted the significance of the dying declarations and the requirement for formal proof of such documents.
Final Decision: The court dismissed the appeal, upholding the conviction of the appellant under Section 302 of the Indian Penal Code.
Indira K. Jain, J.
This appeal is preferred by Appellant – Accused against the judgment and order dated 28th August, 2012, passed by learned Additional Sessions Judge, Aurangabad, in Sessions Case No.171 of 2010. By the said judgment and order, learned Additional Sessions Judge convicted Appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and fine of Rs.2,000/-, in default, to suffer further rigorous imprisonment for six months. Appellant was also convicted of the offence under Section 506 part (2) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000/-, in default, to suffer further rigorous imprisonment for two months.
2. Learned Additional Sessions Judge directed that both the sentences of imprisonment shall run concurrently.
3. For the sake of convenience, we shall refer Appellant in his original status as Accused as he was referred before the Trial Court.
4. Prosecution case briefly stated is as under:
i. Deceased Sandhya was wife of Appellant. She was married to Accused in the year 1999. Couple was blessed with two daughters Akshada and Ekta.
ii. Incident occurred on 24th February, 2010. Sandhya sustained burn injuries and she was admitted to Government Hospital, Aurangabad. Police Head Constable Mr. S.L. Chaudhari was on duty at the hospital. He recorded statement of victim. In the statement Sandhya stated that on 24th February, 2010 at about 08:00 to 08:30 p.m. she was cooking food. That time due to bursting of stove she received burn injuries. On recording statement of Sandhya, Police Head Constable Chaudhari gave information to Kranti Chowk Police Station, Aurangabad. Station Diary Entry No.55 of 2010 was taken at the Police Station. Inquiry was entrusted to Police Head Constable Pathan. On receiving inquiry, Police Head Constable Pathan sent a letter to Taluka Executive Magistrate for recording dying declaration of victim. Accordingly, Mr. K.H. Jagalwar, Naib Tahsildar, Aurangabad went to hospital. He ascertained from Medical Officer whether victim was in fit condition to make her statement. Dr. Ashvin Borkar was on duty as Medical Officer that time. He examined Sandhya and certified that she was conscious and fit to give her statement.
iii. Then Naib Tahsildar Mr. K.H. Jagalwar recorded dying declaration of victim. In the said dying declaration Sandhya disclosed that her husband gave her threat of killing her brothers and herself. He was under influence of liquor. He poured kerosene on her person, set her on fire and ran away. Naib Tahsildar then forwarded dying declaration to Kranti Chowk Police Station.
iv. On the basis of dying declaration recorded by Naib Tahsildar, Crime No.78 of 2010 came to be registered under Sections 307 and 506 of the Indian Penal Code against Accused.
v. P.I. Sunil Telure was attached to Kranti Chowk Police Station. He received investigation of said crime. On 25th February, 2010, he visited the spot and recorded scene of occurrence panchanama. From the spot a plastic can, match stick, match box and burn pieces of clothes were seized. On 27th February, 2010 P.I. Telure went to hospital. He inquired from Medical Officer whether victim was fit to give her statement. After Medical Officer certified that victim was able to make her statement, P.I. Telure recorded statement of victim Sandhya. In the said statement, victim disclosed that she has given her statement before Police on 24th February, 2010 in frightened condition. Before P.I. Telure, she disclosed the manner of incident in the same way as was stated before Naib Tahsildar.
vi. Sandhya succumbed to burn injuries on 2nd March, 2010 at about 16:55 hours. Inquest panchanama was drawn. Dead body was sent to Government Medical College and Hospital, Aurangabad for postmortem. During postmortem examinatio
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