Case Note & Summary
The appellants, Smt. Kousabai d/o Sopan Savant (appellant No.1) and Popat Sopan Sawant (appellant No.2), were convicted by the Additional Sessions Judge, Pune in Sessions Case No.410 of 1994 on 30.12.1997. They appealed to the Bombay High Court. The prosecution case was that the deceased Vijaya, after one year of marriage, had no issue and was ill-treated by her husband (appellant No.2) and his sister (appellant No.1). After 5-6 years, she delivered a female child, which became an additional ground for harassment as the appellants wanted a male child. On 26.7.1994, appellant No.1 allegedly poured kerosene on Vijaya and set her on fire. Vijaya was taken to Sassoon Hospital where a dying declaration was recorded by a Special Judicial Magistrate, naming appellant No.1. The trial court convicted both appellants under Section 498A IPC and appellant No.1 under Section 302 IPC. The High Court, after reappreciating the evidence, found that the evidence of P.W.1 and P.W.2 (mother of victim) did not implicate the husband in any cruelty or participation in the burning. The dying declaration only named appellant No.1 and was not corroborated by medical evidence as the doctor was not examined. The court held that mere skirmishes in married life are part of wear and tear and cannot form basis for conviction under Section 498A IPC. The conviction of appellant No.2 under Section 498A was set aside for lack of evidence. The conviction of appellant No.1 under Section 302 IPC was also set aside as the dying declaration was not corroborated. The appeal was allowed, and both appellants were acquitted.
Headnote
A) Criminal Law - Dowry Death - Section 498A Indian Penal Code, 1860 - Cruelty - The court held that mere skirmishes in married life are part of wear and tear of marriage and cannot form basis for conviction under Section 498A IPC. Evidence of P.W.2 (mother of victim) did not implicate the husband in any cruelty or participation in the burning incident. (Paras 5-6) B) Criminal Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Corroboration - The dying declaration (Ex.24) recorded by Special Executive Magistrate (P.W.6) implicated only appellant No.1 (sister-in-law). The court found that the dying declaration was not corroborated by medical evidence as the doctor was not examined. (Paras 5-6) C) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction - The court set aside the conviction of appellant No.1 under Section 302 IPC as the dying declaration was not corroborated and there was no eye witness. The death by burns alone was insufficient to sustain conviction. (Para 6)
Issue of Consideration
Whether the conviction of the husband under Section 498A IPC and the sister-in-law under Section 302 IPC is sustainable based on the evidence on record, particularly the dying declaration and testimony of relatives.
Final Decision
Appeal allowed. Conviction and sentence set aside. Both appellants acquitted.
Law Points
- Section 498A IPC requires specific evidence of cruelty
- not mere wear and tear of marriage
- conviction cannot be based solely on relationship
- dying declaration must be corroborated for co-accused
