Full Judgment Text
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 970 of 2006
NATHA SHANKAR MAHAJAN ...APPELLANT
VERSUS
STATE OF MAHARASHTRA ...RESPONDENT
J U D G M E N T
SIRPURKAR,J.
1. This appeal is against the concurrent judgments of
the Sessions Court as also the High Court whereby the
accused stands convicted for the offence punishable under
Section 302 IPC on the allegation that he committed the
murder of his wife Sakhubai by pouring kerosene on her
person and setting her ablaze.
2. As per the prosecution case, the relations between
the accused and his wife were not cordial inasmuch as the
husband suspected the chastity of his wife and believed
that she had illicit relations with one Babulal Parsharam
Mahajan. It is alleged that on the fateful day i.e.
19.3.1985, the accused thrashed the deceased whole night
and ultimately, in the morning, he set her ablaze. Her
screams were heard by her neighbour PW2 Bhagwan Mali who
came and sent a information to her father Babu Lal Daga
Mahajan that the deceased was burnt. It is the father
who had taken the deceased to the hospital. After
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reaching the hospital, she was treated by PW5 Dr. Dagadu
Pawar who also arranged for recording her dying
declaration. It is the prosecution case that her dying
declaration was recorded by PW3 Bhalerao Bhimsing Salunke,
an Executive Magistrate. PW5 Dr. Dagadu Pawar also made an
endorsement on the dying declaration that the deceased
was conscious and was in a position to give a statement.
Both the courts below have relied on the dying declaration.
3. Mr. Ranjan Mukherjee, learned counsel appearing for
the accused argued that the sole basis of the conviction in
this case is the aforesaid dying declaration and,
therefore, if there is any suspicion about this dying
declaration, the benefit must go to the accused. That is a
correct proposition of law. However, it is also the
settled position that where the dying declaration is
believable, credit worthy and appeals to the court, the
same can be made the sole basis of the conviction. That
appears to be the case here.
4. We have gone through the dying declaration
ourselves and also seen the evidence of PWs 3 and 5 whose
evidence was not shaken in the cross-examination at all.
PW5 Dr. Dagadu Pawar has very categorically said in his
evidence that the deceased was in a position to understand
herself and was in a position to give statement.
Therefore, even if the doctor says that he was not
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attentive as to what exactly was told to the PW3, would
not matter particularly in view of statement of PW3 who
recorded the dying declaration of the deceased that he
recorded the same as per the version of the deceased. In
the dying declaration, the deceased had clearly alleged
that she was beaten by her husband on account of the
suspicion that he had about her chastity and ultimately, he
poured kerosene over her body and set her ablaze. She has
also given the name of the person with whom she was
allegedly in tow.
5. There is one more circumstance which has not been
adverted to, i.e., the oral dying declaration made by the
deceased to her father. As soon as, he reached the house of
the deceased, he asked her as to how she was burnt. There
is no cross-examination of this witness on this point who
was examined as PW6.
6. Under the circumstances, we feel that both the
courts below have committed no error in relying upon the
dying declaration and convicting the accused. Therefore,
this appeal fails and is dismissed.
......................J.
[ V.S. SIRPURKAR ]
......................J.
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[ T.S. THAKUR ]
NEW DELHI
APRIL 28, 2011.