Shankar vs. State Of Rajasthan

2026 INSC 315
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO……………………OF 2026
(@Special Leave Petition (Crl.)No.13899 OF 2025)


SHANKAR … APPELLANT(S)

VERSUS

STATE OF RAJASTHAN … RESPONDENT(S)

J U D G M E N T

SANJAY KAROL, J.

Leave granted.
2. Shankar, the appellant was accused of having beaten up,
poured kerosene over his wife – Sugna Bai, and killed her by
setting her on fire. The Trial Court, Sessions Judge, Bundi, in
Sessions Case No.249/2012 in terms of judgment dated
Signature Not Verified
Digitally signed by
RAJNI MUKHI 10.12.2014 sentenced him to life imprisonment under Section
Date: 2026.04.04
13:55:29 IST
Reason:
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302 and rigorous imprisonment for one year under Section 342,
1
Indian Penal Code 1860 . Fines of Rs.1000/- each for both the
offences was also imposed, and simple imprisonment for one
month was indicated to be suffered by him in the event of default.
Criminal Appeal No.65 of 2015 was dismissed by the learned
Division Bench by judgment dated 20.08.2019. Shankar, now is
before this Court, asking us to overturn his concurrent conviction.
3. The facts, leading up to the position as indicated above was
that the deceased had married the appellant about a month prior
to her death on 19.10.2012 and within approximately 20 days the
relationship had taken a sour turn on account of alleged excessive
consumption of alcohol and the former possessing a violent
streak. The deceased had apparently gone to her parental home
when the appellant demanded that she return home immediately
and make fresh food for him. While she was complying with
such a demand, the appellant beat her up and, while doing so was
allegedly drunk. Although she managed to free herself and move
away, the appellant allegedly poured kerosene and threw a lit
matchstick on her. Resultantly, she screamed causing the
neighbours and those nearby including the appellant, to come to
her aid. This included pouring water and also using blanket to
quell the flame. Parents of the deceased who had, by this time,

1
IPC
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reached the scene of incident called the ambulance and she was
taken to MBSH Hospital, Rajasthan for treatment.
4. The FIR was recorded as under:
“Statement Smt. Sugna Bai W/o Shankar D/o Bheru
caste Bhil age 20 years R/O Near Power House, Dabi
PS, Dabi District Bundi, presently Dhaneshwar PS,
Dabi District Bundi (Rajasthan), under treatment,
admitted in Burn Ward, Bed No.3, MBSH Hospital
(Rajasthan), Date 15-10-12, Time 5.20 pm, on
request, stated in the form that I was living with my
husband at the above mentioned address in a rented
room in the house of Shri Gulab Chand S/o
Gajanand Ji Kalal in village Dhaneshwar, my
parental home is also in village Dhaneshwar. About
a month before my relationship with my x-husband
Ramesh S/o Nanda caste Bhil resident of Dabi broke
down, with the consent of my parents, I had a love
married with Shankar S/o Modhu caste Bhil resident
of Dabi, presently Dhaneshwar. He kept me well for
about 20 days, but for the last 10-12 days, my
husband Shankar used to beat me up after drinking
alcohol every day and did not allow me to talk to
anyone. Today, on 15-10-12, at about 12:30 PM, I
had gone to my father’s house to meet my mother,
where my husband Shankar came and said, come
home and make rotis, I am hungry. As soon as I said
that, I came from home to our rented room and came
and started cutting ladyfinger to make vegetables.
Then my husband Shankar came who was drunk. As
soon as he came, he started beating me with kicks
and punches and strangled me, from which I was
freed with great difficulty. Then a plastic bottle kept
in the room was filled with about half a bottle of
kerosene oil. He locked the room from inside and
poured kerosene on me and set me on fire with a
matchstick and opened the latch from inside and ran
away. When I shouted, he came back outside and
threw a blanket on the fire on my body. At that very
moment, the tenant living in the adjacent room,
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whose name and address I do not know, came
running. My husband ran outside and the tenant
woman poured water on me and after wetting the
blanket, put it on me then my fire was extinguished.
Later whoever heard about it came running.
Somebody informed my parents and they also came
running to my room and called 108 ambulance,
which brought me for treatment and got me admitted
to Bada Safakhana Kota, where I am undergoing
treatment. Due to the burns, my whole body
including face has blisters and the skin has torn. SD
Ni. Thumb impression Sugna Bai Police Station
Debi District Bundi Bumukam MBSH Burn ward
Kota/Date 15-10-12 Time 5.45 PM Action Police. It
is certified that the above mentioned form statement
of the victim Smt. Sugna Bai W/O Shankar D/O
Bheru caste Bhil age 20 years R/O present
Dhaneshwar Jair admitted in Burn Ward Bed No. 3
MBSH Kota, should be written down word by word
as per the statement given by the victim, please read
it out loud and consider it to be correct. When the
body of the victim was examined, the skin on
forehead, left cheek, beard, hands and entire body
was burnt due to fire. This has happened. They will
be medically examined. Text of the form.
From the search and inspection, the case falls under
sections 323,307 IPC, hence, a case was registered
at the return at police station. ASI was busy on the
spot and investigation was commenced.
Sd Inspector
Thumb Sugana Bai
Sd Gopal Lal
ASI PS-Dabi/Date 15.10.12
Time 10 PM.
Police action Taken-
The above mentioned form statement of Smt.
Sugana Bai W/o Shankar caste Bhil, age 20 years
R/O near Power House, Dabi, presently Dhaneshwar
PS Dabi ( Bundi), under treatment, admitted in MBS
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Hospital Burn Ward Bed No. 3, Kota was brought
and presented by Gopal Lal ASI I/C police station.
From the written form statement, the crime under
section 323, 307 IPC is found to fall under the
category, hence, case No. 220/12, Section above,
was registered and investigation was started.”

5. Upon completion of investigation, challan was presented
for trial. To establish its case, the prosecution examined 15
witnesses and exhibited 23 documents. The accused did not lead
any oral evidence and only furnished only one document in
defence. In his statement under Section 313 Code of Criminal
2
Procedure, 1973 he pled innocence and deliberate false
implication. The findings of the Trial Court are tabulated as
below:

2
Cr.PC
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6. On appeal, the High Court found the view taken by the
Trial Court to be entirely justified, including the reliance placed
on the dying declaration of the deceased. As such, the conviction
and sentence of the appellant was confirmed.
7. We have heard Ms. Kaveeta Wadia, learned senior counsel
for the appellant and Mr. Divynk Panwar, learned counsel for the
respondent-State. At the outset, it must be stated that the scope
of interference in concurrent findings of conviction, is well-
settled, as being fairly restricted. It would only be permissible
for this Court to do so if the Courts below had committed
manifest errors in law, misdirected itself in appreciating
evidence, or completely missed out crucial pieces of evidence
that would have bearing on the overall outcome of the case. The
only aspect that remains to be seen is whether any of these criteria
above, or any other ones of the recognised parameters, are met.
8. The dying declaration which forms the basis of
punishment awarded to the appellant, is not appended to the
record placed before this Court. We record our surprise on that
count, particularly given that it is the most essential document in
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a case of this nature. In these circumstances, we have no choice
but to reproduce for reference, the relevant portion of the
judgment of the Trial Court as follows:-
“Dying statement Exhibit P.20 has been recorded by
PW. 12 Ajay Kumar Sharma, the then Additional
Civil Judge (Special Court) No.4, Kota in the form
of question and answer and before recording this
statement, the clinical opinion has been taken on the
back side of the paper of the same statement itself in
which doctor has shown Sugna Bai to be competent
to make the said statement. It is also mentioned on
the same page that Sugna Bai has been identified by
Gopal Lal Meena, ASI and the endorsement to this
effect bears the signature of Gopal Lal Meena. The
dying declaration Exhibit P.20 is based on only 05
questions and their short answers in the form of
question and answer. Here the said questions and
their answers are being written as follows:-
Question.1Who did this to you?
Answer – My husband poured kerosene on me and
set me on fire.
Question.2When did you get burnt?
Answer - I was burnt in my rented room at 12 noon.
Then my husband ran away.
Question.3What was it about which you were burnt?
Answer - my husband drinks alcohol and suspects
me. If I look at anyone else, he fights.
Question.4 Who came to save?
Answer - There is a tenant near our house, his wife
saved him. I don’t know the name.
Questions.5 Who lives in the room?
Answer- My husband and I live here.
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On this dying declaration (Exhibit P.20) the thumb
impression of Sugna Bai (deceased) is marked on. At
the end of this declaration, the said Magistrate put
his seal on it and has been signed.”

9. Section 32 of the Indian Evidence Act, 1872 and Section
26 of its successor, Bhartiya Sakshya Adhiniyam, 2023 deal with
dying declarations. Generally speaking, these declarations enjoy
a special position given the timing and the nature thereof. This
position rests on a philosophical understanding that when a
person is about to meet his maker or in other words the oncoming
of death and its finality is imminent, considerations which may
force a person to speak other than the truth pale into
insignificance and what does fall from them would, therefore, be
only the truth. They are exceptions to the rule of hearsay and, if
a Court finds them consistent, believable and free of tutoring, it
can convict the person named therein. This Court has, in a
number of judgments including one by one of us (Sanjay Karol,
3
J.) in Manjunath v. State of Karnataka , after considering the
law on the issue culled out the applicable principles.
10. In assailing his concurrent conviction, one of the grounds
urged by the appellant was “… the magistrate while recording the
dying declaration of the deceased has reported that the mental
condition of the victim is not good and not in a position to give

3
2023 SCC OnLine SC 1421
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statement as she was admitted in hospital on 15.10.2012 and died
on 19.10.2012. The Magistrate has taken her certification on
some blank paper and he had made the endorsement on blank
paper it is true that she could not sign on blank paper as she was
not educated .” At the cost of brevity, the statement of the
concerned officer namely Mr. Ajay Kumar Sharma, learned
ACJM No.4-Kota at the relevant time, is reproduced as under : -
“Examination in Chief :-
On 15-10-2012, I was posted as Additional Chief
Judicial Magistrate No.4, Kota. On that day, Gopal
Lal ASI of Police Station Daabi presented a written
requisition Exhibit P-19 to the effect that a woman
from our police station area is admitted in M.B.S. in
a burnt condition and we want to record her dying
declaration. The order passed by me on the
application is from C to D and the signature is from
E to F. After this, I recorded the dying declaration of
Sugna Bai admitted in M.B.S. Hospital, Kota.
Before recording the statement, I had taken a
certificate from the duty doctor regarding the
condition of giving the statement of Sugna Bai, the
dying declaration is Exhibit P-20 on which the
certificate of the doctor from E to F is mentioned and
Sugna Bai was identified by Shri Gopal Lal, whose
reference is mentioned from A to B. Sugna Bai’s
dying declaration is recorded by me in the form of
questions and answers. Exhibit P-20 has my
signatures G to H. When the statement of Sugna Bai
was recorded, she was in a position to give the
statement and was conscious. After recording the
said dying statement, the said statement and
documents were sent by me to the concerned court
through Exhibit P-22, on which my signatures A to
B are there.
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CROSS EXAMINATION BY THE ADVOCATES
OF ACCUSED :-
It is true that I had sent Exhibit P-22 to the concerned
Court in my capacity as ACJM No.4 on which my
seal is not marked. It is true that I did not put a note
on the dying declaration Exhibit P-20 that injured
was in a sound mind to give the statement, and today
herself said that I had obtained a certificate in this
regard from the duty doctor. It is true that there is no
mention that the dying declaration is certified by the
doctor. I first got the injured identified from Gopal
Lal and then took the certificates from the doctor and
after this the statements were recorded. On the day
the application Exhibit P-19 was presented, I was
working as the Chief Judicial Magistrate, Kota. It is
true that I have not written the word C.J.M. below
my ordersheet. It is true that the name of the acting
C.J.M. is not mentioned in in Exhibit P-19. That day
I had remand duty and I was the one working. I am
a resident of Jaipur. I could very well understand the
language in which the injured gave her statement. I
cannot say whether she was speaking Hadoti or
Mewadi Language at that time, but I could been
written in question-answer format as it is according
to the law. It is wrong to say that since injured was
not in a position to speak, I took injured’s statement
in question-answer format because that is as per law.
It is true that I have not mentioned the time in my
dying statement as to what time the statement was
taken. It is wrong to say that I took the help of Gopal
Lal ASI to understand the language of religion.
When I recorded Injured’s statement, only I and
injured were present. No one else was present. I had
sent injuried’s family out. I did not ask Majhruba’s
mother whether Majhruba was in a position to give
a statement or not. …..”
A perusal of the above extracted statement makes
abundantly clear that nowhere did the officer state to the effect
that the deceased not of sound mind. It is also evident that the
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duty doctor had given a certificate of her condition. PW-15
(Dr. Tez Pratap Singh) the duty doctor has testified that prior to
giving the certificate on a blank paper he had examined the
condition of the deceased. It stands to reason that, after the
condition has been certified, only then, would the doctor record
the statement on paper. The fact that it was on the flip side of the
same paper does not affect the sanctity thereof. That being the
case, we cannot appreciate the ground as raised by the appellant.
11. Yet another point also needs to be addressed. Before the
learned Trial Court the counsel for the accused attempted to argue
that the parents of the deceased tutored her into giving the
statement that she gave. However, we are of the considered view
that such a submission, was correctly, not accepted by the Trial
Court. It appears to us, to be nothing but a bald assertion.
12. In this case, the eyewitnesses PW-2 (Brajmohan) and PW-
3 (Mamta Bai) have turned hostile and supported the prosecution
case. In ordinary circumstances this would accrue to the favour
of the accused. However, given the consistency of medical
evidence with the dying declaration, the difference in events
testified to by the above two witnesses would lose its
significance. In respect of PW-3 and PW-8 (parents of the
deceased), it be observed that apart from a vague implication of
tutoring which has not made its way into either the examination-
in-chief or cross examination, their statements cannot be
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challenged or kept aside. As such their statements cannot be of
any use to the appellant, in discrediting the case of the
prosecution. That apart the medical evidence as given by PW-9
(Dr. Navneet Parashar) and PW-10 (Dr. Rakesh Sharma) are
consistent with the statement of the deceased that she was burnt.
One of the grounds raised is that the evidence of PW-10 cannot
be relied upon by the Court for the reason that he was not a
practicing doctor and was only a ‘ medical jurist ’. That in our
view, cannot be a reason to disregard his testimony for it is not
the case that he was unqualified to give such a testimony nor is
it the case that he was underqualified. Additionally, his testimony
is also in line with the testimony of PW-9, Medical Officer at
MBS Hospital, who has also deposed that the deceased was burnt
and the cause of death was septicaemia due to burning.
13. Taking a cumulative view of the above discussion, the
appeal must fail, and is accordingly dismissed. However, before
parting with the matter we deem it necessary to pen down a
postscript.
14. The offence in question is of the year 2011. At that point
in time, we were 64 years into being an independent country. The
Constitution promises equality, non-discrimination on the basis
of sex and the right to life and liberty amongst others. However,
cases such as these, demonstrate that even after so many years,
rights enshrined in the founding Charter are still elusive for many.
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It could be argued and very well proved that a further fourteen
years down the line, in spite of incremental progress the issues
highlighted by the incidence such as in the present case, largely
remain the same. Over the years numerous legislations were
enacted, schemes brought into force, and judgments delivered,
focussed on the upliftment of women and eradication of
difficulties faced by them arising out of inherent social stigma
and deep-rooted patriarchal and conservative practices.
The process of unshackling the society from these deeply
stigmatic understandings of women and their roles, began
immediately after independence. Early legislative efforts such as
the Dowry Prohibition Act, 1961 were aimed at dismantling one
of the most deep-rooted practices of patriarchal control, i.e.,
dowry. This was followed by introduction of provisions like
Section 498A, IPC addressing cruelty by husbands and relatives,
and later the Protection of Women from Domestic Violence Act,
4
2005 which recognized domestic abuse as a civil wrong
requiring immediate relief and protection. When it comes to
equality in workplace, the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013
institutionalized safeguards following the Vishaka guidelines laid
down by this Court.

4
DVA
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The interpretation of these rights and their expansion into
varied aspects of women’s life has taken place through a series
5
of judicial pronouncements. In Shayara Bano v. Union of India ,
the practice of instant triple talaq was declared unconstitutional,
affirming women’s rights within personal law frameworks. In
6
Joseph Shine v. Union of India , the Court struck down the
adultery law, emphasizing equality and autonomy. In Secretary,
7
Ministry of Defence v. Babita Puniya , the Court upheld the
right of women officers to be granted permanent commission in
the Indian Army, rejecting institutional stereotypes about gender
8
roles. In Vineeta Sharma v. Rakesh Sharma , daughters were
recognized as equal coparceners in Hindu joint family property.
The Court has also addressed the complexities of domestic
9
violence, in Arnesh Kumar v. State of Bihar , while cautioning
against misuse of Section 498A, it reaffirmed the seriousness of
cruelty against married women, and in Hiral P. Harsora v.
10
Kusum Narottamdas Harsora , it expanded the scope of the
DVA to include complaints against female relatives within the
household. The Court has further intervened in matters of
11
personal liberty and choice. In Shakti Vahini v. Union of India ,

5
(2017) 9 SCC 1
6
(2018) 2 SCC 189
7 (2020) 7 SCC 469.
8 (2020) 9 SCC 1
9 (2014) 8 SCC 273
10 (2016) 10 SCC 165.
11 (2018) 7 SCC 192.
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it issued detailed guidelines to prevent honour killings,
recognizing that societal and familial control over women’s
choices in marriage is a direct assault on their fundamental rights.
12
Similarly, in Shafin Jahan v. Asokan K.M ., the Court upheld
an adult woman’s right to choose her partner, affirming that
neither the State nor the family can dictate personal decisions
central to individual dignity and autonomy.
15. Parallel to legal reform, the State has also invested in
welfare and social transformation schemes. Programmes such as
Beti Bachao, Beti Padhao , are aimed at correcting gender
imbalances and improving girls’ education, while initiatives like
Sukanya Samriddhi Yojana and Ujjwala Yojana aim to enhance
financial security and improve living conditions for women.
16. Yet, despite this sustained intervention from different
branches of Government, empirical data shows that all is not
well. It presents a sobering picture indeed. As per the National
Crime Records Bureau, more than 4.48 lakh crimes against
13
women were recorded in 2023 . Dowry-related violence
continues to claim over 6,000 lives annually, revealing the
persistence of practices that have long been outlawed.
Complaints before the National Commission for Women also
consistently show domestic violence as one of the most reported

12 (2018) 16 SCC 368.
13
https://www.ncrb.gov.in/uploads/files/1CrimeinIndia2023PartI1.pdf
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14
grievances . What makes this reality particularly troubling is the
context in which it exists. India has experienced significant
economic growth, rising literacy, and increased participation of
women in education and the workforce. Gender Roles do not
apply strictly anymore in many urban areas. One cannot assume
that all house-hold related work falls to the woman, whereas it is
only the male who is tasked with bread winning. Yet, in rural and
semi-urban scenarios, patriarchy remains a facet of everyday life.
Authority within the household is still overwhelmingly male, and
women’s autonomy is often conditional and constrained. Even if
the woman earns, it would still be expected of her that she would
set the house right before leaving for work, and busily engage
herself in similar work including preparation of meals, when she
returns from work.
17. The coexistence of progress and violence signals to a
paradox. Legal and economic advancements are visible on a
macro-level, but patriarchy still permeates the everyday. Dowry
is outlawed and has been for decades but the social legitimacy
that sustains it is yet to be dismantled. Welfare schemes can
incentivize education, but cannot alter long-held beliefs about
women’s roles within marriage and family. As a result, practices
such as domestic abuse or even extreme acts like burning a wife

14
https://ncwapps.nic.in/frmReportNatureState.aspx?Year=2023;
https://ncwapps.nic.in/frmReportNatureState.aspx?Year=2024;
https://ncwapps.nic.in/frmReportNatureState.aspx?Year=2025
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(such as in this case) persist not as aberrations, but as indications
of a disease afflicted social order.
18. After decades of laws, schemes, reforms, and judicial
recognition of equality across workplaces, homes, personal
relationships, and even the armed forces, why does the control
over women’s bodies, choices, and lives still persist so deeply
within society? Perhaps, the answer lies only with “ We, the
People of India ”.

Pending applications, if any, shall stand disposed of.


…………………………….…………...…..J.
(SANJAY KAROL)




……………………………………………..J.
(NONGMEIKAPAM KOTISWAR SINGH)

New Delhi
April 2, 2026

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