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SUPREME COURT OF INDIA
K. Jayachandra Reddy and GN. Ray, JJ.
Goverdhan Raoji Ghyare - Appellant
versus
State of Maharashtra - Respondent
Crl. Appeal No. 324 of 1989
Decided on 19.8.1993
Counsel for the Parties:
For the Appellant: S.B. Bhasme and P.K. Pillai
For the Respondent: S.M. Jadhav and A.S. Bhasme.
IMPORTANT POINT
The fact that the deceased was suffering from great physical pain because of extensive burn injuries, on that score alone it can not be presumed that she was not in a fit state of mind to make the statement particularly when the doctor had certified both before and after the statement that she had a state of mind to make the statement.
Headnote:(i) Appeal against acquittal - When reasoning of trial court in basing a ORDER of acquittal is consistent with the evidence - Court of appeal not to interfere with the order of acquittal, by reappreciating the evidence - If the reasonings given are contrary to the weight of evidence, the Court of appeal would be justified ifs discarding the same in exercise of its appellate jurisdiction. (Para 7)
(ii) Indian Penal Code, 1860 - Section 302 - Conviction under - Appeal- Death by burning - Two dying declarations implicating the husband - Both declarations similar in material particulars - Second declaration recorded by Taluka Magistrate after obtaining a certificate from doctor that the deceased was in a fit state of mind to make a statement - Possibility of committing suicide ruled out - Deceased in an advanced stage of first pregnancy - High Court has taken a very reasonable view in accepting the dying declarations - Impuged ORDER of conviction confirmed.
Held: The minor discrepancies in the two dying declarations were not sufficient to invalidate either of the two dying declarations. Even if the first dying declaration recorded by the police officer is not taken into consideration, we do not find any reason to discard the second dying declaration recorded by the Taluka Magistrate. Such dying declaration was recorded by Taluka Magistrate after obtaining certificate from the doctor that the deceased was in a fit state of mind to make the statement. Even after recording such dying declaration, the learned Magistrate obtained a further confiscate from the doctor that the deceased was in fit state of mind to make the statement. The distinction sought to be made out by the learned Sessions Judge that the 'fit state of mind' and 'conscious state of mind' were not the same thing, is too hyper-technical in the facts and circumstances of the case. The learned Magistrate put the questions to the deceased and then recorded the statement. It will be wholly unjustified to hold that simply because the Magistrate did not put a direct question Lo the deceased as to whether she was in a fit state of mind to make the statement, the dying declaration was required to be discarded. There is no manner of doubt that the deceased was suffering 'from great physical pain because of extensive burn injuries but on that score alone it could not be presumed that she was not in a fit state of mind to make the statement particularly when the doctor had codified both before and after the statement that she had a state of mind to make the statement. We are also not inclined to agree with the submissions made by Mr. Bhasme that a pregnant woman was likely to be hysteric and mentally imbalanced and there was a possibility of committing suicide because of the imbalanced mind during the state of pregnancy. The deceased was in an advanced stage of pregnancy and according to us it was rather unlikely that a would be mother would commit suicide at that stage for not only killing herself but also the child in womb. From the report of the chemical analyst it transpires that burnt clotl1es found on the body of the deceased contained kerosene oil but the blanket which was put on her body for extinguishing the fire did not contain kerosene oil. In our view, the High Court is justified in discarding the suggestion that other articles which had been smelling kerosene might have been thrown by other persons in attempt to extinguish the fire. (para 7)
Result: Appeal dismissed. ORDER of conviction confirmed.
ORDER
G.N. Ray, J.- This appeal is directed against the order of conviction under Section 302, I.P.C. and sentence of life imprisonment passed by the Nagpur Bench of the High Court of Judicature at Bombay in Criminal Appeal No. 65 of 1985 setting aside the ORDER of acquittal passed by the learned Additional Sessions Judge Akola in Sessions Trial No. 74 of 1984.
2. The prosecution case in short is that the deceased was married to the accused Goverdhan on 11th June, 1983. The deceased was the daughter of Laxman and the sister of complainant Suresh and Purshottam. The house of Laxman is situated at Ural K.D. and the house of the accused is situated at Ural B.K. Both the villages are adjacent and are separated by a river. After the marriage, Sunanda went to the house of the accused and she was treated well for about two to three months only. Thereafter, the accused started beating her on the ground that she could not cook properly and that she was illiterate and the accused could have married a working girl. A few days before Dusschra festival, the deceased Sunanda arrived at the house of Laxman and demanded a sum of Rs. 500/- telling that her husband was in need of money for the purpose of service. The amount was handed over by Laxman to Sunanda with a view that the accused would not beat her further and would treat her well. Three four days before Dussehra, Laxman sent Suresh for bringing Sunanda at his house and she was brought by Suresh. During the stay at the house of Laxman, Sunanda used to tell that the accused had been beating her. On the next day of Dussehra, the accused came to the house of Laxman for taking Sunanda. As the parents of Sunanda were not in the house, Suresh, the brother of Sunanda, asked the accused to wait till the arrival of the parents but the accused went away. After some days, accused along with his brother and one Sonaji came to the house of Laxman for settling the matter. But he had told that Sunanda would be beaten if she would not cook properly. Laxman on hearing such statement, did not send Sunanda with thcm. Four or five days thereafter, the accused again met Laxman and assured him that he would treat Sunanda well and requested him to send Sunanda to his house. Sunanda was thereafter sent to the house of the accused. Unfortunately the incident of beating by the husband still continued and at the time of next 'Tilsankrant' beating of Sunanda by the accused had taken place in the field in presence of Sunanda's brother, Purshottam. Purshottam informed Laxman that the accused had beaten Sunanda for the reason that she had refused to convey the message to her brother Suresh through Purshottam for bringing the amount for the accused. On March 10, 1984 in the evening Suresh had just come home from Hatrun, where lie was serving as a teacher and was relaxing. He was informed by one Baban that sister Sunanda was burnt. He went to her house in Ural K.D. and he found that Sunanda was kept near the door. On enquiries being made as to what had happened to Sunanda, Sunanda informed him that her husband had poured kerosene oil on her body, and then burnt her. Suresh thereafter went to the Police Station at Ural B.K. and lodged the written report. Laxman also coming to know of such burning came to the house of Sunanda after calling his family members. On the basis of the complaint lodged by Suresh, A.S.I. Tale registered the offence under Section 307, I.P.C. and went to the spot. The Sub- Inspector was accompanied by Suresh. On reaching the house of the accused, A.S.I. Tale recorded the dying declaration of Sunanda in presence of the Panchas Madhukar, Baliram and Ambadas Patil. Such dying declaration was recorded in a question and answer form. Sunanda had stated in her dying declaration that the accused ignited the tericot saree on her person with a match stick and laid another tericot saree and Manila shirt on her person and those clothes completely caught fire and she sustained bums. A.S.I. Tale then prepared
