Case Note & Summary
The appellant, Santosh Rajaram Wankhede, was convicted by the Additional Sessions Judge, Niphad, for the murder of his wife, Manisha, by pouring kerosene on her and setting her on fire on 6 July 2013. The marriage took place on 16 February 2003, and the couple had three children. Initially, they cohabited well, but later the appellant started ill-treating and harassing the deceased due to his suspicion of her adulterous relations. He often beat her under the influence of liquor. On one occasion, he administered poison to her when their second son was three months old, leading to her hospitalization and subsequent stay with her parents. On 19 July 2011, the appellant gave a written undertaking in the form of a compromise deed, after which the deceased returned to the matrimonial home. However, after six months, the appellant resumed abusing and beating her. On the date of the incident, at about 7:00 p.m., while the deceased was cooking, the appellant poured kerosene on her and set her on fire. The fire was extinguished by her nephew, Balu Laxman, and the wife of her brother-in-law, Sau Wankhede. The deceased was taken to the hospital. The complainant, the deceased's brother, received a phone call at about 8:00 p.m. and 8:30 p.m. and went to the hospital. The deceased made a dying declaration before the Executive Magistrate, implicating the appellant. The trial court convicted the appellant under Section 302 IPC and Section 498-A IPC. The appellant challenged the conviction in the High Court. The High Court examined the dying declaration and found it to be voluntary, truthful, and reliable. The court noted that the dying declaration was consistent with the medical evidence and the testimony of witnesses. The court also considered the evidence of cruelty under Section 498-A IPC and found it proved. The High Court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Section 302 IPC - The court examined the admissibility and reliability of the dying declaration made by the deceased before the Executive Magistrate. The court held that the dying declaration was voluntary, consistent, and corroborated by medical evidence and oral testimony of witnesses. The conviction under Section 302 IPC was upheld. (Paras 1-11) B) Criminal Law - Cruelty by Husband - Section 498-A IPC - The court considered the evidence of harassment and ill-treatment of the deceased by the appellant. The court found that the prosecution had proved the ingredients of Section 498-A IPC, and the conviction was sustained. (Paras 1-11)
Issue of Consideration
Whether the dying declaration of the deceased was voluntary, truthful, and reliable to sustain the conviction of the appellant under Sections 302 and 498-A of the Indian Penal Code.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence passed by the trial court. The appellant was convicted under Section 302 IPC and sentenced to life imprisonment, and under Section 498-A IPC with three years rigorous imprisonment.
Law Points
- Dying declaration
- Section 32 Indian Evidence Act
- 1872
- Section 302 IPC
- Section 498-A IPC
- Section 235 CrPC
- Circumstantial evidence
- Credibility of dying declaration
- Corroboration of dying declaration
