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Bombay High Court Upholds Conviction of Mother-in-Law for Murder and Cruelty Based on Dying Declarations. Conviction under Sections 302 and 498A IPC affirmed as dying declarations were consistent and corroborated by medical evidence and testimony of witnesses.

High Court: Bombay High Court Bench: BOMBAY
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2026-10-23 10:45:21
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Issue of Consideration

CRIMINAL APPEAL NO.314 OF 2015

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Case Details

2018 LawText (BOM) (09) 59

Criminal Appeal No. 314 of 2015

2018-09-25

S.S. Shinde, Mridula Bhatkar

2018:BHC-AS:26605-DB

Ms. Rohini Dandekar for Appellant, Ms. Sharmila S. Kaushik APP for Respondent-State

Heerabai Ranganath Mali

The State of Maharashtra (Through Chandwad Police Station)

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Nature of Litigation

Criminal appeal against conviction for murder and cruelty under IPC

Remedy Sought

Appellant accused seeking setting aside of conviction and sentence passed by trial court

Filing Reason

Appellant challenged the judgment and order dated 6th February 2015 passed by Additional Sessions Judge, Niphad in Sessions Case No.39 of 2012 convicting her under Sections 302 and 498A IPC

Previous Decisions

Trial court convicted appellant Heerabai for offence under Sections 302 and 498A IPC, sentenced to life imprisonment and fine; co-accused husband convicted under Sections 498A and 504 IPC; other accused acquitted

Submissions/Arguments

Learned counsel for appellant submitted that there are discrepancies in the two written dying declarations recorded by Head Constable and Special Executive Magistrate; the said declarations are not consistent with each other; dying declarations not corroborated by oral evidence; Medical Officer who examined victim before recording dying declaration did not specifically state that patient was well oriented, thus patient was not oriented to give statement

Judgment Excerpts

The prosecution case, in brief, is as under: A] Accused no.2 Kailas is husband of deceased and accused no.1 is motherinlaw... Learned counsel appearing for the appellant submits that there are discrepancies in the two written dying declarations...

Procedural History

On 02.02.2012, incident took place; crime registered under Sections 302, 504 r/w 34 IPC. Later Section 302 added. After investigation, charge sheet filed. Case committed to Sessions Court as Sessions Case No.39/2012. On 02.04.2013, trial court framed charges under Sections 302, 307, 498A, 504 r/w 34 IPC. Trial conducted, and on 06.02.2015, Additional Sessions Judge, Niphad convicted appellant. Appellant filed Criminal Appeal No.314/2015 before High Court.

Acts & Sections

  • Indian Penal Code, 1860: 302, 498A, 504, 307, 34
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