Full Judgment Text
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PETITIONER:
SMT. PANIBEN
Vs.
RESPONDENT:
STATE OF GUJARAT
DATE OF JUDGMENT13/03/1992
BENCH:
MOHAN, S. (J)
BENCH:
MOHAN, S. (J)
RAY, G.N. (J)
CITATION:
1992 AIR 1817 1992 SCR (2) 197
1992 SCC (2) 474 JT 1992 (4) 397
1992 SCALE (1)655
ACT:
Indian Penal Code 1860:
Section 302-Bride burning-Conviction and sentence-Duty
of Court.
Section 32-Dying declaration-When can form sole basis
of conviction-Plurality of dying declaration-Have to be
accepted when trustworthy and reliable.
Penology
Sentencing-Bride burning-Language of deterence to
speak.
HEADNOTE:
The appellant in the appeal was convicted under Section
302 of the Indian Penal Code, and sentenced to life
imprisonment by the High Court reversing the acquittal of
the Trial Court.
The Prosecution alleged that deceased was married to
the son of the accused in the year 1972, and that there were
frequent quarrels between the appellant-mother-in-law and
the deceased-daughter-in-law. On one occasion, on account
of a quarrel the daughter-in -law went away to her parents’
house and on the assurance of her father-in-law that nothing
would go wrong, the deceased was sent to the house of the
accused. The accused, the deceased and her husband were all
living in the same house. Even after the return, there used
to be quarrels between the accused and the deceased. The
accused developed a profound dislike for the deceased.
On the night of 7th May,1977,at about midnight, the
deceased was sleeping all alone in the ‘osri’ of the House.
The accused went there,poured kerosene on her person,and as
the deceased got up, the accused lit the fire and left the
‘osri’. The deceased shouted for help and hearing her
shouts, her husband and other collected there and the fire
was extinguished. She was removed to the hospital in the
cart. In the cart, she told some witnesses that her mother-
in-law had burnt her. later on. she was
198
taken to the Government hospital in a taxi in a burnt
condition. The police constable on duty informed the Taluka
police station and the Head Constable made an entry in the
police station diary, and another Head Constable went to the
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hospital and recorded the statement of the deceased in the
early hours. In that statement, she stated that her mother-
in-law had burnt her. The Head Constable wrote a ‘yadi’ for
a dying declaration to the Executive Magistrate who reached
the hospital at about 7.00 A.M. on 18.5.1977, and recorded
the dying declaration Ex.29. In this declaration also, the
deceased stated that she was burnt by the accused. The
Police sub-Inspector who took up the investigations, went to
the scene of occurrence, made the panchnama of the scene of
occurrence and recorded the statement of witnesses. He
also recorded a statement of the deceased on 19.5.1977. In
that also, the deceased stated that she was burnt by her
mother-in-law. The sub-Inspector arrested the accused on
18.5.1977. The deceased succumbed to the injuries on
20.5.1977. On completing the necessary investigations, the
accused was charge-sheeted and committed before the Session
Judge.
The Sessions Judge came to the conclusion that the
deceased might have committed suicide, that it was also
probable that someone else might have burnt her alive,
because she had a grievance against her mother-in-law she
implicated her in dying declaration. The dying
declarations, hence could not be accepted having regard to
this inherent infirmity. On these findings it was held that
the prosecution had failed to prove that the deceased was
burnt alive by the accused, and the accused was acquitted.
The State appealed to the High Court, and a Division
Bench considered the circumstances under which the dying
declarations were recorded. It found that the dying
declaration Ex.24 clearly showed as to how the occurrence
had taken place. The second dying declaration Ex.29 was
recorded in a question and answer form that there was no
scope for tutoring the deceased for giving any statement
which would involve the accused, and that at that time, the
deceased was all right and she was in a position to give the
dying declaration. The third dying declaration was made to
the deceased’s father who was a truthful witness and clearly
establishes that there was no scope of parents tutoring the
deceased in any way. The findings of the Trial Court it was
held could not be accepted with reference to the various
aspects like enmity between the mother-in-law and the
deceased, the failure of the deceased to narrate the
incident to her
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husband, and was not prepared to believe that the deceased
attempted to commit suicide and only for revenge involved
the accused falsely. In the result, the order of acquittal
was set aside, the accused was held guilty of the offence of
murder and was convicted under Section 302 I.P.C and
sentenced to imprisonment for life. It was, however,
recommended that the Government consider the case favourably
on the aspect of remission of sentence under Section 432 of
the Code of Criminal Procedure.
In the appeal to this Court, it was contended on
behalf of the appellant that the High Court was not
justified in convicting the accused purely on the dying
declarations which bristle with many contradictions and
improve from stage to stage, and that having regard to the
fact that the relationship between the mother-in-law and the
daughter-in-law,was far from cordial the deceased had every
motive to implicate the mother-in-law. It was also
contended that the appellant was 58 years of age and that
having spent more than a decade in jail,the appeal calls for
interference on the ground of sentence.
Dismissing the appeal, and upholding the conviction and
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sentence, this Court
HELD 1. The situation in which a man is on death bed is
so solemn and serene when he is dying the grave position in
which he is placed, is the reason in law to accept the
veracity of his statement. It is for this reason the
requirements of oath and cross-examination and dispensed
with. Besides, should the dying declaration be excluded it
will result in mis-carriage of justice because the victim
being generally the only eye witness in a serious crime, the
exclusion of the statement would leave the Court without a
scrap of evidence. [205E]
2. Though a dying declaration is entitled to great
weight, it is worthwhile to note that the accused has no
power of cross-examination. Such a power is essential for
eliciting the truth as an obligation of oath could be. This
is the reason the Court also insists that the dying
declaration should be of such a nature as to inspire full
confidence of the Court in the correctness. [205F]
3. The Court has to be on guard that the statement of
the deceased was not as a result of either tutoring or a
product of imagination. The Court must be further satisfied
that the deceased was in a fit state of mind
200
after a clear opportunity to observe and identify the
assailants. [205G]
4.Once the Court is satisfied that the declaration was
true and voluntary. undoubtedly, it can base its conviction
without any further corroboration. It cannot be laid down
as an absolute rule of law that the dying declaration cannot
form the sole basis of conviction unless it is corroborated.
The rule requiring corroboration is merely a rule of
prudence. [205H]
5. If the plurality of dying declarations could be held
to be truthworthy and reliable, they have to be accepted.
[207E]
In the instant case there four dying declarations. The
fist dying declaration is Ex. 24 recorded by a Head
Constable who wrote down the statement as deposed by the
deceased. At that time, the deceased was conscious. The
second dying declaration is Ex. 29 and was recorded by the
Taluka Magistrate in question and answer form. There was no
possibility of the deceased being tutored, prompted as to
utter falsehood, so as to implicate the accused, It is also
clear when she made the statement, she was in a fit mental
condition. The third oral dying declaration was made by the
deceased to her father who has impressed the High Court as
a truthful witness. The fourth dying declaration Ex.34
recorded by the police sub-inspector has been rightly
rejected by the High Court. The High Court was fully
justified in accepting the dying declarations because they
answer every test which is required to be accepted for such
acceptance.
[207E, H;208 D, E,G]
In the instant case, the theory of suicide has been
rightly rejected by the Court. A tender lass after only five
years of married life with and affectionate husband and a
young daughter to foster could not have resorted to that
rash act merely because there were quarrels between her and
her mother-in-law. In every house it is proverbial that such
quarrels do take place. It is impossible to contend that
the deceased was so much frustrated in life so as to commit
suicide. [208H-209D]
6. It would be a traversity of justice if sympathy is
shown when such a cruel act is committed. it is rather
strange that the mother-in-law who herself is a woman should
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resort to killing another woman. It is hard to fathom as to
why even the "mother" in her did not make her feel. It is
tragic ,deep rancour should envelop her reason and drown
her finer feelings. The
201
language of deterrance must speak in that it may be a
conscious reminder to the society. Undue sympathy would be
harmful to the cause of justice. It may even undermine the
confidence in the efficacy of law. [209C-D]
7. Merely because the accused has spent more than a
decade in jail is no justification to show any leniency.
[209E]
Mannu Raja v. State of M.P., [1976] 2 SCRR 764; State
of M.P. v. Ram Sagar Yadav, AIR 1985 SC 416; Ramavati Devi
v. State of Bihar, AIR 1983 SC 164; Ram Chandra Reddy v.
Public Prosecutor, AIR 1976 S.C. 1994; Rasheed Beg v. State
of Madhya Pradesh, [1974] 4 S.C.C. 264; Kake Singh v. Sate
of M.P., AIR 1982 SC 1021; Ram Manorath v. State of
H.P.,1981 SCC (Crl.) 531; State of Maharashtra v.
Krishnamurthi Laxmipati Naidu, AIR 1981 SC 617; Surajdeo Oza
v. State of Bihar,AIR 1979 SC 1505; Nanahau Ram and another
v. State,AIR 1988 SC 912; State of H.P. v. Madan Mohan, AIR
1989 S.C. 1519; Mohan lal v. State of Maharashtra, AIR
1982,S.C. 839, referred to.
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION : Criminal appeal No.
487 of 1980.
From The Judgment and Order dated 17/18-4-80 of the
Gujarat High Court in Crl. A. No. 885 of 1978.
Vimal Dave for the Petitioner.
R.N. Sachthey and Anip Sachthey for the Respondent.
The Judgment of the Court was delivered by
MOHAN, J. Everytime a case relating to dowry death
comes up, it causes ripples in the pool of the conscience of
this Court. Nothing could be more barbarous, nothing could
be more heinous than this sort of crime. The root cause for
killing young bride or daughter-in -law is avarice and
greed. All tender feelings which alone make the humanity
noble disappear from the heart. Kindness which is the
hallmark of human culture is buried. Sympathy to the fairer
sex, the minimum sympathy is not even shown. The seedling
which is uprooted from its original soil and is to be
planted in another soil to grow and bear fruits is crushed.
With this prefatory note, we pass on to the matrix of facts.
The criminal appeal is directed against the conviction
of the appellant
202
under Section 302 of Indian Penal code and sentencing her to
life imprisonment reversing the acquittal by the Tribal
Court. The case of the Prosecution shortly is as under:
Bai Kanta was married to Valji Savji sometime in the
year 1972. Accused is the mother-in-law of Bai Kanta. There
were frequent quarrels between the mother-in-law and the
daughter-in-law. Once Bai Kanta on account of quarrel went
away to her parent’s house. Accused went to the house of
Bai Kanta to bring her back. The father-in-law of Bai Kanta
gave an assurance that nothing would go wrong. On this
assurance, Bai Kanta was sent to the house of Accused. The
accused, Bai Kanta and her husband were all living in the
same house. Even after the return, there used to be
quarrels between the accused and Bai Kanta. The accused
developed profound dislike for Bai Kanta. On the night of
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7th May, 1977 at about 12 mid night, Bai Kanta was sleeping
all alone in the ’osri’ of the house. The accused went
there, poured kerosene on her person. Bai Kanta got up as
she felt the kerosene was being poured and meanwhile the
accused lit fire and left the ’osri’. Bai Kanta shouted for
help. Hearing the shouts, the husband and other collected
there and the fire was extinguished. She was removed to the
hospital in the cart. In the cart, she had told witnesses
Ratnabhai, Savji Dahya, Shantaben, Valji Ben and others that
her mother-in-law had burnt her. Up to the Gadhka village,
she was taken in the cart. Later on, she was brought to
Rajkot Government hospital in a taxi in burnt condition.
The police constable on duty at the hospital informed Taluka
police station about Bai Kanta having been brought to the
hospital in burnt condition. So, Head Constable Kanji
Ukabhai who was in-charge of the police station made an
entry in the police station diary. He directed Head
Constable Abhal Mamaiya to go the hospital and enquire into
this matter. Accordingly Head Constable Abhal Mamaiya went
to the hospital and recorded the statement of Bai Kanta in
the early hours. It was stated by her that the mother-in-
law burnt her. Abhal Mamaiya wrote a yadi for dying
declaration to the Executive Magistrate which was received
by him at 6 a.m. Abhal Mamaiya, thereafter filed a complaint
on the strength of the statement of the deceased and the
investigation started. The Executive Magistrate reached the
hospital at about 7.10 a.m. on 18.5.1977. He recorded the
dying declaration Ex. 29. In that declaration also, Bai
Kanta stated she was burnt by the accused. Police Sub-
Inspector Tavde of Rajkot Taluka police station took up the
investigation; went to the seen of occurrence; made the
panchnama of the scene of occurrence; recorded the
203
statement of witnesses. He arrested the accused in the
evening. He also recorded the statement of Bai Kanta on
19.5.1977. In that also, Bai Kanta stated, she was burnt by
her mother-in-law, the accused. The Sub-Inspector Tavde
arrested the accused at about 6.45 p.m. on 18.5.1977. Bai
Kanta succumbed to the injuries on 20.5.1977 at 0045 hours.
Thereafter, post-mortem was carried out.
On completing the necessary investigation, the accused
was chargesheeted and after committal, she was tried by the
learned Sessions Judge of Rajkot in Sessions Case No. 34 of
1977.
On consideration of the evidence, the learned Sessions
Judge came to the conclusion that the deceased might have
committed suicide. Besides, it was also probable that
someone else might have burnt her alive. Because she had a
grievance against her mother-in-law, in the dying
declaration she implicated her. Hence, the dying
declaration could not be accepted having regard to the
inherent infirmity. Accordingly, it was held that the
prosecution has failed to prove that the deceased was burnt
alive by the accused. Thus it ended in acquittal.
The State took up the matter in Criminal Appeal No. 885
of 1978 to the High Court of Gujarat. The Division Bench
considered the circumstances under which the dying
declaration were recorded. It found that the dying
declaration Ex.24 clearly shows as to how the occurrence had
taken place.
The second dying declaration Ex.29 which was recorded
in question and answer form. There was no scope of tutoring
the deceased for giving any statement which would involve
the accused. At that time the deceased was allright and she
was in a position to give the dying declaration.
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The third dying declaration made by the deceased’s
father Jadav who was a truthful witness, clearly establishes
there was no scope of parents tutoring the deceased in any
way.
It was further held that the findings of the Trial
Court could not be accepted with reference to the various
aspects like enmity between the mother-in-law and the
deceased, the appreciation of the statement of deceased, the
failure of the deceased to narrate the incidence to her
husband.
204
The High Court considered the legal position whether
the accused could be convicted on the basis of dying
declaration in the light of relevant case law. It
ultimately held that the deceased was young girl aged about
18 years who had a married life of only 5 years to her share
with all hopes of living a happy married life in future with
her husband who was affectionate towards her. She had also
a young daughter aged about 2 1/2 years. Except the
relationship with her mother-in-law, she was quite happy.
There was no possibility of her coming to a conclusion that
she must end her life. There was no indication that the
deceased was so harassed as to have lost her self-control so
as to commit suicide. Thus, the High Court was not prepared
to believe that the deceased attempted to commit suicide and
only for the revenge, she involved the accused falsely. In
the result, the order of acquittal was set-aside. The
accused was held guilty of the offence of murder. She was
convicted under section 302 of Indian Penal Code and
sentenced to imprisonment for life. However, it was
recommended to the Government to consider her case
favourably on the aspect of remission of her sentence under
Section 432 of the Code of Criminal Procedure.
Special leave petition was directed to be treated as
petition of appeal by an order dated 6.8.1980 passed by this
Court. Under these circumstances, the criminal appeal comes
before us.
The learned counsel for the appellant vehemently urged
that the High Court was not justified in convicting the
accused basing purely the dying declaration which bristles
with so many contradictions and improvements from stage to
stage. Having regard to the fact that relationship between
the mother-in-law and the daughter-in-law far from cordial,
the deceased had every motive to implicate the mother-in-
law. Normally speaking deceased would not have failed to
narrate this incidence to her husband who was affectionate
to her. Besides, there were also several other infirmities
pointed out by the learned Sessions Judge who had acquitted
the accused. That acquittal should not have been interfered
with.
In any event, the accused at the time of the judgment
of the High Court itself was 58 years of age. She having
spent more than a decade in jail, the appeal calls for
interference on sentence.
The learned counsel appearing for the respondent State
submits: the High Court has considered fully each and every
aspect after administering to it the caution that an order
of acquittal cannot be interfered with lightly.
205
It analysed the three dying declarations. There again, it
had forefront the law that it could not be safe to hold an
accused guilty solely on the basis of dying declaration.
After doing so, it found that the implication of the mother-
in-law who was real offender was not on account of enimity.
It considered the other aspect as to why the husband was not
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informed and the so called infirmities pointed out by the
Sessions Court. In the light of the decision of this Court,
it was found that the dying declaration ought to be accepted
and rightly convicted the accused.
Having regard to the drastic nature of the crime, even
on sentence, no sympathy can be shown.
This is a case where the basis of conviction of the
accused is the three dying declarations. The principle on
which dying declarations are admitted in evidence is
indicated in legal maxim.
"nemo moriturus proesumitur mentiri-a man will not
meet his Maker with a lie in his mouth".
The situation in which a man is on death bed is so
solemn and serene when he is dying the grave position in
which he is placed, is the reason in law to accept the
veracity of his statement. It is for this reason the
requirements of oath and cross-examination are dispensed
with. Besides, should the dying declaration be excluded it
will result in mis-carriage of justice because the victim
being generally the only eye witness in a serious crime, the
exclusion of the statement would leave the Court without a
scrap of evidence.
Though a dying declaration is entitled to great weight,
it is worthwhile to note that the accused has no power of
cross-examination. Such a power is essential for eliciting
the truth as an obligation of oath could be. This is the
reason the Court also insists that the dying declaration
should be of such a nature as to inspire full confidence of
the Court in its correctness. The Court has to be on guard
that the statement of deceased was not as a result of either
tutoring, prompting or a product of imagination. The Court
must be further satisfied that the deceased was in a fit
state of mind after a clear opportunity to observe and
identify the assailants. Once the Court is satisfied that
the declaration was true and voluntary, undoubtedly, it can
base its conviction without any further corroboration. It
cannot be laid down as an absolute rule of law that the
dying declaration
206
cannot form the sole basis of conviction unless it is
coroborated. The rule requiring corroboration is merely a
rule of prudence. This Court has laid down in several
judgments the principles governing dying declaration, which
could be summed up as under:
(i) There is neither rule of law nor of prudence
that dying declaration cannot be acted upon without
corroboration. Mannu Raja v. State of M.P., [1976]
2 SCR 764.
(ii) If the Court is satisfied that the dying
declaration is true and voluntary it can base
conviction on it, without corroboration. State of
M. P. v. Ram Sagar Yadav, AIR 1985 Sc 416; Ramavati
Devi v. State of Bihar, AIR 1983 SC 164.
(iii) This Court has to scrutinise the dying
declaration carefully and must ensure that the
declaration is not the result of tutoring,
prompting or imagination. The deceased had
opportunity to observe and identify the assailants
and was in a fit state to make the declaration.
Ram Chandra Reddy v. Public Prosecutor, AIR 1976
S.C. 1994.
(iv) Where dying declaration is suspicious it
should not be acted upon without corroborative
evidence. Rasheed Beg v. Sate of Madhya Pradesh,
[1974] 4 S.C.C. 264.
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(v) Where the deceased was unconscious and could
never make any dying declaration the evidence with
regard to it is to be rejected. (Kake Singh v.
State of M. P.., AIR 1982 S.C. 1021)
(vi) A dying declaration which suffers from
infirmity cannot form the basis of conviction.
(Ram Manorath v. State of U.P. 1981 SCC (Crl.)
531).
(vii) Merely because a dying declaration does not
contain the details as to the occurrence, it is not
to be rejected. (State of Maharashtra v.
Krishnamurthi Laxmipati Naidu, AIR 1981 SC 617).
(viii) Equally, merely because it is a brief
statement, it is not be discarded. On the
contrary, the shortness of the statement itself
guarantees truth. Surajdeo Oza v. State of Bihar,
AIR 1979
207
SC 1505)
(ix) Normally the court in order to satisfy whether
deceased was in a fit mental condition to make the
dying declaration look up to the medical opinion.
But where the eye witness has said that the
deceased was in a fit and conscious state to make
this dying declaration, the medical opinion cannot
prevail. (Nanahau Ram and another v. State, AIR Sc
912)
(x) Where the prosecution version differs from the
version as given in the dying declaration, the said
declaration cannot be acted upon. (State U.P. v.
Madan Mohan, AIr 1989 S.C. 1519)
In the light of the above principles, we will consider
the three dying declarations in the instant case and we will
ascertain the truth with reference to all dying declaration
made by the deceased Bai Kanta. This Court in Mohan Lal v.
State of Maharashtra, AIR 1982, S.C. 839 referred to held:
"Where there are more than the statement in the nature
of dying declaration, one first in point of time must be
preferred".
Of course, if the plurality of dying declarations could
be held to be truth worthy and reliable, they have to be
accepted.
The first dying declaration is Ex 24. It was recorded
by Head Constable Abhal Mamaiya. At that time, the deceased
was conscious. He wrote down her statement as deposed by
her. That clearly shows that when the deceased was sleeping
in the Osri at night, her mother-in-law, her father-in-law
and others were sleeping in the pali, at about 12 mid-night,
the accused poured kerosene and ignited her. Because the
deceased shouted, people from round about gathered and fire
was extinguished. Therefore, her father-in-law, maternal
aunt-in-law and sister-in-law and 2 to 3 other persons took
her in a cart. It is admitted by Head Constable Abhal
Mamaiya in cross-examination that while recording the
statement, he did not call the Medical Officer.
The second dying declaration is Ex. 29. This is
recorded by Taluka Magistrate Bhachandra Prabhashanker
Trivedi. He reached the hospital at 6.35 a.m. He reached
the hospital at 6.35 a.m. He ascertained from the Doctor
whether Bai Kanta was conscious. The Doctor examined her
and found her to be conscious. Thereafter, only
208
the Medical Officer was allowed to remain the room and the
other persons were sent out. He recorded the dying
declaration in question and answer form. The Executive
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Magistrate wrote down the answers given by the deceased.
This was completed by 7.10 a.m. This declaration makes it
clear that the deceased was sleeping alone in the ’osri’,
someone came near her, poured kerosene whereupon she woke
up. At that time, she found out the person who poured
kerosene on her, was her mother-in-law, the accused.
According to this statement, the accused poured kerosene
because there was dispute in the house for 8 to 10 days
prior to the date of the occurrence, during which time
frequent quarrels took, place and the mother-in-law rebuked
her since Bai Kanta did not do work.
It is important to note to the specific question as to
whether she was sleeping alone or someone else was also with
her, she replied that her husband had gone to the wadi and
she was sleeping alone.
It is equally important to note that the parents of the
deceased reached the hospital only round about 7.30 a.m.
Hence there is no possibility of she being tutored, prompted
as to utter falsehood, so as to implicate the accused. It
is also clear that at that time when she made the statement,
she was in a fit mental condition to make the statement.
The third oral dying declaration was made by the
deceased to her father Jadav. The deceased told him that
her mother-in-law had burnt her. Jadav impressed the High
Court as a truthful witness because he did not want to fall
in line with the narration of the police in which minor
details were attributed to him. We also on going through
the evidence of Jadav are fully impressed with the same.
As rightly held by the High Court the fourth dying
declaration Ex. 34 stated to have been recorded by the
police Sub-Inspector Tavde has to be discarded. Thus, we
are clearly of the opinion the High Court was fully
justified in accepting the dying declaration because they
answer every test which is required to be applied for such
acceptance.
We concur with the High Court in reversing the findings
of the Learned Sessions Judge as to why the deceased could
not try to run and catch the miscreant and allow her cloth
to burn. Equally, we agree with the High Court with regard
to the other infirmities including not informing the
husband. The theory of suicide has been rightly rejected by
the High
209
Court. As was pointed out a tender less after only five
years of married life with an affectionate husband and a
young daughter to foster could not have resorted to that
rash act merely because there were quarrels between her and
her mother-in-law. In every house it is proverbial that such
quarrels do take place. It is impossible to contend that
the deceased was so much frustrated in life so as to commit
suicide.
In the result, we have no hesitation in upholding the
conviction.
Turning to the sentence; sympathy is what is pleaded at
our hands. We are clearly of the opinion that it would be a
traversity of justice if sympathy is shown when such cruel
act is committed. It is rather strange that the mother-in-
law who herself is a woman should resort to killing another
woman. It is hard to fathom as to why even the "mother" in
her did not make her feel. It is tragic deep rancour should
envelope her reason and drawn her finer feelings. The
language deterrance must speak in that it may be conscious
reminder to the society. Undue sympathy would be harmful t
the cause of justice. It may even undermine the confidence
in the efficacy of law.
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Merely because the accused has spent more than a decade
in jail, we see no justification to show any leniency. Of
course, we are aware the High Court itself had recommended
for remission under Sec. 432 of the Code of Criminal
Procedure, in view of the accused being 58 years of age at
that time. Whether of the counsel in favour or opposition
have informed us as to what had happened whether remission
was granted or not. However, we leave it at that.
In the result, we dismiss the appeal.
N.V.K. Appeal dismissed.
210