Case Note & Summary
The appeal arises from the judgment and order dated 26 April 2012 passed by the Additional Sessions Judge, Pune in Sessions Case No. 64 of 2009, convicting the appellant (original accused No. 2) under Sections 498A and 302 of the Indian Penal Code and sentencing him to rigorous imprisonment for three years and life imprisonment respectively, with fines. The case concerned the death of Manisha, wife of the appellant, who sustained 95% burn injuries. The prosecution alleged that after an initially cordial marriage in 2004, the deceased was subjected to cruelty by her husband and in-laws for not working outside and was ill-treated. The appellant and Manisha moved to Pune about three months before the incident. On the night of 18 August 2008, the appellant knocked at the parental home of the deceased at Wathar, Satara, and informed that Manisha was burnt. The mother of the deceased found Manisha inside a vehicle wrapped in a blanket with severe burns. The deceased told her mother that the appellant had illicit relations with another woman and because she refused to speak to that woman, the appellant poured kerosene on her and set her ablaze. The victim succumbed to the injuries. An accidental death report was initially registered under Section 174 of the Code of Criminal Procedure, 1973, followed by a first information report under Sections 302, 498A read with Section 34 of the Indian Penal Code. Investigation was conducted, and the accused were charge-sheeted. At trial, the prosecution relied on the oral dying declaration made to the mother, the motive of illicit relations, and the conduct of the appellant in not taking the victim to a nearby hospital but travelling 150 km to her parental home. The trial court acquitted accused Nos. 1 and 3 but convicted the appellant. In appeal, the appellant argued that there was no prior complaint, the conviction was based solely on the oral dying declaration, the death was accidental due to a stove burst, and no independent witnesses supported the prosecution. The State countered that the dying declaration was credible, the incident occurred within four years of marriage, the appellant had a motive due to an extramarital affair, and his post-incident conduct was abnormal. The High Court heard the submissions and perused the evidence. The final decision is not available in the provided excerpt.
Issue of Consideration
Whether the conviction of the appellant under Sections 498A and 302 of the Indian Penal Code was justified based on the evidence on record, particularly the oral dying declaration and proof of cruelty
Case Details
2018 LawText (BOM) (10) 100
Criminal Appeal No.1126 of 2012
S.S. Shinde, A.S. Gadkari
Mr. Swapnil Ovalekar for Appellant, Mr. J.P. Yognik for Respondent
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Nature of Litigation
Appeal against conviction for offences punishable under Sections 498A and 302 of the Indian Penal Code.
Remedy Sought
The appellant sought to have his conviction and sentence set aside.
Filing Reason
The appellant was convicted by the trial court and challenged the judgment as perverse and based on insufficient evidence.
Previous Decisions
The Additional Sessions Judge, Pune in Sessions Case No.64 of 2009 convicted the appellant under Sections 498A and 302 IPC on 26 April 2012 and sentenced him to rigorous imprisonment. Accused Nos. 1 and 3 were acquitted.
Issues
Whether the prosecution proved beyond reasonable doubt that the appellant committed cruelty under Section 498A and murder under Section 302 IPC, particularly based on the oral dying declaration of the deceased.
Submissions/Arguments
Appellant: No prior complaint was made, conviction based solely on oral dying declaration of mother, incident was accidental due to stove burst, appellant informed family and took victim to parental home, no independent witnesses examined, false implication.
Respondent: Oral dying declaration credible, incident within four years of marriage, 95% burns, motive of illicit relations established, accused's post-incident conduct abnormal (did not take victim to nearby hospital but drove 150 km to parental home), prosecution proved case beyond reasonable doubt.
Judgment Excerpts
Manisha disclosed that her husband accused Ravindra was having illicit relations with one lady, and as she was not on talking terms with said lady, Ravindra used to beat and ill treat Manisha.
On the day of the incident also as Manisha did not talk with the said lady, due to which Accused Ravindra got annoyed and poured kerosene on her person at about 6.00 p.m.
The Medical Officer noticed 95% superficial to deep burns and opined that the cause of death is due to 95% superficial to deep burns.
The conduct of the Accused/Appellant after the incident was not normal, as instead of admitting deceased Manisha in the nearby hospital at Pune, Accused had taken Manisha to her parental house at Wathar Station, Satara which was about 150 Kms away from the spot of incident.
Procedural History
The incident occurred on the night of 18 August 2008. Initially, an accidental death report (A.D. No.20 of 2008) was registered under Section 174 CrPC at Wathar Police Station based on information from the victim's brother. Inquest panchnama was conducted on 19 August 2008. Postmortem revealed 95% burns as cause of death. Based on a complaint by the victim's mother, Crime No. 0/2008 was registered under Sections 302, 498A, 34 IPC. The offence having occurred within Hinjawadi Police Station limits, the case was transferred there, and C.R. No.189/2008 was registered on 20 August 2008. Investigation was carried out by P.S.I. R.T. Pawar, including spot panchnama and witness statements. Charge-sheet was filed before Judicial Magistrate First Class, Pune, who committed the case to Sessions. Trial in Sessions Case No.64 of 2009 resulted in conviction of the appellant on 26 April 2012. The present appeal was filed challenging that conviction.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 498A, 34
- Code of Criminal Procedure, 1973 (CrPC): 174
