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2024 Supreme(MP) 84

RAVI MALIMATH, VISHAL MISHRA
Brajkishore Mandloi – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Rajesh Singh for appellant;
Pramod Thakre, Public Prosecutor for respondent/State.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The appellant, who is the husband of the deceased and a member of the police force, was convicted under section 302 of the IPC for the murder of his wife by setting her ablaze with kerosene (!) (!) .

  2. The prosecution's case primarily relies on two dying declarations, which are contradictory in content. The first dying declaration recorded on the day of the incident states that the deceased's clothes caught fire accidentally while working in the kitchen, with no mention of the appellant's involvement (!) (!) .

  3. The second dying declaration, recorded about a month later, implicates the appellant, stating that he poured kerosene on the deceased and set her on fire. This declaration is supported by the testimony of the eyewitness, PW5 Kritika, the deceased's daughter, who narrated the incident consistently and remained firm in her statement (!) (!) (!) (!) .

  4. The court evaluated each dying declaration independently, considering their evidentiary value, and found the second declaration to be more credible and genuine due to its corroboration with medical evidence, the statement of PW5, and other supporting documents (!) (!) (!) .

  5. The medical and post-mortem reports support the prosecution's case, indicating that the injuries sustained by the deceased were consistent with being set on fire with kerosene and that her death resulted from homicidal burns (!) (!) (!) .

  6. The defense argued that the first dying declaration should be preferred as it was recorded promptly and supported by independent witnesses, who did not support the prosecution story. They also contended that the deceased's death was due to improper medical treatment, not the appellant's actions (!) (!) (!) (!) (!) .

  7. The court noted that the independent witnesses' testimonies were hearsay and not directly supportive of the prosecution's version, whereas the eyewitness testimony of PW5 and the second dying declaration provided substantial corroboration of the appellant's guilt (!) (!) (!) .

  8. The appellant's efforts to extinguish the fire and his receipt of burn injuries did not sufficiently explain the nature of the burns or negate the evidence indicating that he was responsible for setting the deceased ablaze (!) (!) .

  9. The court emphasized that in cases with multiple dying declarations, each must be considered on its own merits, and the more credible declaration, supported by medical and eyewitness evidence, should be given precedence (!) (!) .

  10. The appeal was dismissed, and the conviction along with the sentence of life imprisonment and fine was affirmed, as the evidence conclusively established the appellant's guilt beyond reasonable doubt (!) (!) .

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JUDGMENT

1. This appeal has been preferred against the judgment dated 14.5.2010 passed by First Additional Sessions Judge, Harda District Harda in S.T. No.102 of 2006, whereby the appellant-accused stood convicted under section 302 of IPC and sentenced to undergo R.I. for life and fine of Rs.15,000/- and in default, to suffer R.I. for 3 years.

2. As per the prosecution story, the incident took place on 10.7.2006 at the house of the accused wherein he poured kerosene on his wife Anuradha who succumbed to the burn injuries on 17.8.2006. In pursuance of the information by the hospital situated at Timarni, the police authorities got registered an FIR (Ex.P/24) for the offence under section 307 of IPC; collected various documents during investigation; recorded the statements of the parents of the deceased and related persons as well as dying declaration of the deceased on two occasions. After completion of the investigation, the police submitted charge sheet against the accused. The accused was charge-sheeted for the offence under section 302 of IPC, he denied the allegation and therefore, was put to trial. To establish the charge, the prosecution examined as many as 27 witnesses and exh

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