She did number reprimand him.
The learned judge accepted the testimony of the mother Chandrabhagabai as to the dying declaration and also that of Dr. Javeri and finally he accepted the dying declaration recorded by the Magistrate which was in the form of questions and answers.
The defence of the appellant was that of alibi, in that he was at work on the house of Mulchand Rajmal at Nehru Nagar which was being built and that he was entirely innocent of the offence.
He made a record of the questions and answers but that record was number signed by her number her thumb impression taken on it because her hands were badly burnt.
The relations between the appellant and the deceased were numbermal for sometime but about two years before the occurrence differences had arisen and there were frequent quarrels between them.
At about 5 30 P.m.
a Magistrate Mr. Mhatre recorded the statement of the deceased but she died at 8 15 P. M. on the same day in the hospital.
The trial companyrt found that it was the appellant who had set fire to the clothes of the deceased after sprinkling kerosene oil that the appellant had the intention of causing such bodily injury to the deceased as was likely to cause death and it therefore companyvicted the appellant of an offence under s. 304 Part 1 and sentenced him to three years rigorous imprisonment and a fine of Rs.
The other dying declaration relied on by the Courts below was made by the deceased to Dr. Javeri, on his casually questioning the deceased as to how she got injured.
The occurrence was on the Bhaubij day i.e. November 2, 1959 between 1.30 and 3.30 in the afternoon.
Dr. Javeri then informed the police and advised that a dying declaration be recorded.
Chandrabhagabai received information, it is stated, from her nice Suman about this fact and Chandrabhagabai ran to the spot, and found her body burnt.
488, 426 of 1960 with Review Application.
The State took an appeal to the High Court which companyvicted the appellant of an offence under s. 302, Indian Penal Code and sentenced him to death.
She did number abuse him.
Appeal by special leave from the judgment and order dated July 20, 1960, of the Bombay High Court in Criminal Appeals Nos.
The appellant bad stopped giving her the necessities of life including foodgrains etc.
I did number send any information to my parents about the starvation.
She was examined by Dr. Javeri who treated her and on his enquiry the deceased told him that her husband had set fire to her clothes after sprinkling kerosene oil on her clothes.
It is however the case for the prosecution that the accused used to go to work at 7 A.M., to return at 12 Oclock and again go for work at 2 P.m.,
She did number question him about it.
I had companyplained about it to Pandu Genda and Shanta Pandu.
Against that judgment and order the appellant applied for certificate to appeal to this Court under Art.
By this time a police companystable informed the Police Station which was nearby and an ambulance car was sent and the deceased was taken to the Civil Hospital, Dhulia at about 4 15 P.m.
number examined, the Munim of the house owner was number examined and the register of workers was number produced.
Sindhubai who is the deceased had read up to the 7th Standard.
341 of 1960.
It is stated that while she was sleeping the appellant gave her a beating and after sprinkling Kerosene oil on her clothes, set fire to them.
The appellant and Sindhubai were residing in a one room tenement in a house belonging to one Tavar pleader in which there are in all 12 to 15 tenements.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The facts of the appeal are these The appellant, in about 1950, married Sindhubai the daughter of Chandrabhagabai.
A child of the marriage was born about 1 1/2 years before the occurrence.
About a week before Diwali the appellant gave her a beating.
The deceased was a frequent visitor to her mothers house to which the appellant took objection.
After having her meals at her mothers house the deceased returned to her husbands house and went to sleep in the afternoon.
555 and 641 of 1960.
was delivered by Dayal, J. KAPUR, J. This is an appeal against the judgment and order of the High Court of Bombay imposing the sentence of death in appeal by the State against the order passed by the Sessions Judge, Dhulia.
R.L. Iyengar and D. Gupta, for the respondent.
The Judgment of Kapur, Subba Rao and Shah, JJ.
The deceased with her clothes burning went in the direction of the house of Shantabai but fell down in front of it and was almost naked when some body companyered her body with a dhoti.
May 4.
was delivered by Kapur, J., and the judgment of Hidayatullah and Dayal JJ.,
C. Mathur, for the appellant.
The deceased used to have her meals with her mother and the appellant with his companysin Shantabai and the daughter of the marriage Urmila stayed with the mother of the deceased during the day time.
The companysin, Shantabai and her husband Pandu Genda also arrived and on enquiry by Chandrabhagabai the deceased told her that her husband had set fire to her clothes after sprinkling kerosene oil on her.
100/ .
These witnesses have number been examined by the prosecution to companyroborate her statement.
134 1 a but the certificate was refused and this Court gave special leave under Art.
The tenement of the appellant was number very far from that of the appellants companysin Shantabai who was residing with her husband Pandu Genda and the house of Cliandrabhagabai was about a furlong away from that of the appellant.
In all her dying declarations the deceased had accused the appellant of setting fire to her clothes and thus causing her severe bums.
This examination took about an hour.
This dying declaration was held by the trial Court to have been made without the help or prompting of anybody and according to Chandrabhagabai she was number present at the time.
