Back
2020 Supreme(Bom) 914
IN THE HIGH COURT OF BOMBAY AT AURANGABAD BENCH
Ravindra V Ghuge, B.U. Debadwar, JJ.
Rahul - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 563 of 2015
Decided On : 20-10-2020
Satish A Gaikwad, Advocate, S.G. Sangle, Advocate
Headnote:(A) Indian Penal Code, 1860 - Sections 302 and 506 - Conviction of appellant for murder and criminal intimidation - Appellant convicted and sentenced to life imprisonment and fines - The court observed instances of harassment and ill-treatment by the appellant prior to the incident. Act of pouring diesel and setting ablaze led to death of victim after extensive burns. Inconsistencies found in multiple dying declarations created reasonable doubt regarding the appellant's guilt, impacting evidence credibility. (Paras 1-80)
(B) Dying Declarations - Validity - Consistency and reliability of multiple dying declarations scrutinized, leading to uncertainty about the guilt of the accused - Dying declarations not corroborated by reliable evidence. (Paras 70-90)
Facts of the case:
The victim, Vandana, died from burn injuries following an incident involving the appellant, her husband, who was accused of forcing her to pour diesel on herself and igniting it. Witness testimonies included contradictions about the nature of her injuries and the circumstances surrounding her death.
Findings of Court:
The court concluded that the evidence presented failed to prove the guilt of the accused beyond reasonable doubt, leading to an acquittal.
Issues: The legality of the dying declarations' acceptance and their inconsistency.
Ratio Decidendi: The court emphasized that where multiple versions exist concerning the same event, none can be relied upon without corroboration, thus creating reasonable doubt.
Result: Appeal allowed, and the appellant acquitted.
| Table of Content |
|---|
| 1. background of vandana's marriage and subsequent harassment. (Para 1 , 3 , 4) |
| 2. details on the incident leading to vandana's death. (Para 7 , 14) |
| 3. appellant's arguments and inconsistencies in dying declarations. (Para 8 , 9 , 10) |
| 4. prosecution's failure to reliably establish guilt. (Para 16 , 17) |
| 5. medical opinions and cause of death. (Para 32 , 33 , 34) |
| 6. testimony of witnesses regarding incidents reported by vandana. (Para 37 , 38) |
| 7. court's rationale for not relying on contradictory dying declarations. (Para 68 , 69) |
| 8. final order and acquittal of the accused. (Para 80 , 82 , 84) |
JUDGMENT
B. U. Debadwar, J. - This Criminal Appeal has been directed against Judgment and order dated 16-06-2015 passed by learned Additional Sessions Judge, Vaijapur, Dist. Aurangabad in Sessions Case No.49 of 2013 whereby convicted appellant / accused for the offences punishable under Sections 302 and 506 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as the 'I.P.C.') and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.2,000/-, in default of payment of fine further imprisonment for 6 months and to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default further imprisonment for 3 months, respectively.
2. Heard Shri S.A. Gaikwad, learned advocate appointed to represent the appellant through the High Court Legal Services Authority, Sub-Committee, Aurangabad and Shri S.G. Sangle, learned Additional Public Prosecutor on behalf of the respondent / State.
3. The facts of the case, in short, are as under :
. Vandana, aged 22 years, was the daughter of Bhimrao Chandu Wathore (PW-1) and Indubai Bhimrao Wathore (PW-2), both resident of Bramhemangaon, Tal. Omerkhed, Dist. Yevatmal and wife of the appellant - Rahul Limbaji Thorat, aged 23 years, resident of village Degaon (Telyache), Tal. Purna, Dist. Parbhani. Marriage of Vandana with the appellant was solemnized about 10 months prior to the fateful incident. After the marriage, Vandana came to Aurangabad to reside and cohabit with the appellant/accused. Initially they used to reside in a rented house situated at Chattrapati Nagar, Bajaj Nagar, MIDC, Waluj, Aurangabad. Thereafter, they shifted to rented house situated at Ramnagar, Ranjangaon (Shenpunji), Tal. Gangapur, Dist. Aurangabad. Since beginning the appellant used to harass Vandana suspecting her character. Vandana, to save the marriage, did not lodge the complaint against the appellant in respect of his aforesaid conduct. Meanwhile, due to constant harassment and ill-treatment meted out by the appellant, Vandana had been to her parental house at village Bramhemangaon, Tal. Omerkhed, Dist. Yevatmal and stayed there for some days. After returning back to the Aurangabad from Bramhemangaon, for few days the appellant treated her properly, however, thereafter again he continued to harass and beat her by suspecting character. Vandana did not disclose or inform her parents about the conduct of the appellant harassing and ill-treating her constantly by suspecting character.
4. On 01-02-2013 there was a holiday. On that day the appellant left the house at about 10:00 a.m. and returned back to the house at about 06:30 p.m. Soon after entering into the house he picked up damaged heater rod, made it straight and started assaulting Vandana with the said heater rod, by asking her as to whom she has affair. Thereafter he closed and chained the door of the house from inside, continued to beat her by the heater rod on her shoulders. Then the appellant compelled her to pour on herself the diesel from the diesel Can kept under cot. She poured the same since the appellant was beating and threatening her. On pouring diesel on herself, the appellant ignited the matchstick and thrown the same towards her. Because of burning match stick, her sari caught fire and she suffered extensive burn injuries. When she was burning, for some time, the appellant looked at her and then thrown quilt on her
