Case Note & Summary
The present appeal was filed before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the conviction and sentence of the appellant who was found guilty of offences under Sections 302 and 436 of the Indian Penal Code in Sessions Case No. 27 of 2007. The case pertained to an incident that occurred on the night intervening 2nd and 3rd August 2006, where a fire broke out in a house resulting in the deaths of Mandabai and her two children, with Mandabai sustaining 99% burns and her daughter Nikita 100% burns. The appellant, who was the second wife of the deceased's husband, was present in the house at the time. Initially, accidental death reports were registered, but later, based on a statement by the father-in-law, who claimed an extrajudicial confession by the appellant, an FIR was lodged against her for murder. The prosecution relied on circumstantial evidence including the appellant's presence inside the house, her escaping without injury, her failure to explain the fire, and the recovery of a kerosene can. The trial court convicted the appellant but acquitted the other two co-accused. In appeal, the appellant contended that the conviction was based on inadmissible or unreliable evidence, that the dying declarations of the deceased did not implicate her, and that the circumstances did not form a complete chain. The State argued that the appellant had a motive and that the circumstances pointed to her guilt. The judgment of the High Court was reserved on 29th September 2017 and pronounced on 12th October 2017, but the final outcome is not provided in the given extract.
Issue of Consideration
Whether the trial court rightly convicted the appellant based on circumstantial evidence; whether the dying declarations and extrajudicial confession were properly evaluated; whether the circumstances formed a complete chain pointing to the guilt of the appellant.
Case Details
2017 LawText (BOM) (10) 31
Criminal Appeal No. 488 of 2007
Sunil P. Deshmukh, Sangitrao S. Patil
Criminal Appeal No. 488 of 2007
Parubai w/o. Gulab Watane
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Nature of Litigation
Criminal appeal against conviction and sentence for murder and arson.
Remedy Sought
Appellant sought setting aside of the conviction and sentence passed by the Sessions Court.
Filing Reason
Appellant was convicted under Sections 302 and 436 of the Indian Penal Code and sentenced to life imprisonment and fine; aggrieved by the judgment, she filed the appeal.
Previous Decisions
Sessions Court convicted the appellant and acquitted co-accused nos. 2 and 3 on 16.11.2007; the acquittal was not challenged and attained finality.
Issues
Whether the prosecution proved the charges beyond reasonable doubt based on circumstantial evidence.
Whether the written and oral dying declarations of the deceased, and the extrajudicial confession, were properly evaluated.
Whether the circumstances established formed a complete chain pointing to the guilt of the appellant.
Whether the absence of a proven motive affected the conviction.
Whether the appellant’s explanation or lack thereof could be the sole basis for conviction.
Submissions/Arguments
Appellant: No sufficient evidence; written dying declarations did not implicate the appellant; oral dying declaration and extrajudicial confession were disbelieved by the trial court; only circumstances were that appellant was inside the house, escaped without injury, and did not explain the fire; no motive proved; circumstances do not form a complete chain; conviction is wrongful.
Respondent: Appellant had illicit relations with accused no.2 and compelled marriage; she was inside the house at the time of fire and escaped unharmed without raising alarm; kerosene residues found on the child’s frock; she produced a kerosene can; circumstances proved guilt beyond reasonable doubt.
Judgment Excerpts
The appellant (original accused no.1) has been convicted for the offences punishable under Sections 302 and 436 of the Indian Penal Code.
In those statements, she narrated that she got burnt when she was under the sleep. Both of her kids also got burnt.
The informant Gajanan had suspicion about the foulplay behind the incident of burning the house.
Procedural History
Initial accidental death reports (A.D. Nos. 3/2006 and 12/2006) were registered. On 05.08.2006, based on extrajudicial confession by the appellant, informant Gajanan lodged a report leading to registration of Crime No. 36/2006 under Section 302 IPC. Investigation followed; statements recorded; appellant arrested and charge-sheet filed along with accused nos. 2 and 3. Case committed to Sessions Court (Sessions Case No. 27/2007). Trial held; Sessions Judge convicted the appellant and acquitted accused nos. 2 and 3 on 16.11.2007. Appellant filed Criminal Appeal No. 488 of 2007 before the High Court.
Acts & Sections
- Indian Penal Code, 1860: 302, 436
