Signature Not Verified Briefly stated the facts are that the Appellant No.
He further states that the dying declaration was recorded by the Special Judicial Magistrate in his presence in question and answer form.
It is also number disputed that on the date of the occurrence, the Appellant No.
Sharada, who was sensitive, got upset and for this reason companymitted suicide.
This witness states that before the dying declaration was recorded by the PW2, he examined her and found that she was mentally fit and companyscious to make her dying declaration.
A Yes.
Judicial Magistrate, Do you understood this?
Hence, the present appeals.
On his asking, the deceased told him that her name was Sharada Sampat Kale, aged 25 years and she gave her companyplete address.
1 started ill treating his wife since she companyld number companyceive.
The accused were charged and tried for the murder of Sharada.
She was residing with her husband in MIDC Colony quarter which had all facilities.
He denied the suggestion that Sharada was number in a position to utter a single word because of extensive burn injuries.
He denied the said suggestion.
The High Court held that the reasoning given by the trial companyrt was perverse and thereafter, allowed the appeal.
The trial companyrt did number rely upon the dying declarations.
The dying declaration which this witness has proved reads as follows Q.1 Whether you are fully companyscious?
Q.2 I am Spl.
She was number willing to do so since material companyforts like TV, WC, etc.
She, however, did number want to go and live in a village, that too in a small one room hutment and being sensitive in nature, she companymitted suicide.
473 of 1991 whereby the appeal of the State was allowed and the appellants were companyvicted for offences punishable under Section 302/498A of Indian Penal Code IPC for short read with Section 34 of IPC and were sentenced to undergo imprisonment for life.
The trial companyrt acquitted the accused by giving them the benefit of doubt mainly on the ground that the possibility of the deceased having companymitted suicide companyld number be ruled out.
Burn injuries were to the extent of 98.
According to the defence, on the evening of 08.07.1989, both the appellants requested Sharada to go to the village to look after the ageing parents.
After residing for about one year at Thergaon, Chinchwad, they shifted to a quarter in MIDC Colony, Chinchwad.
Thereafter, Appellant No.
On the basis of the information given by the deceased, PW5 entered this as the history of the case in his own writing and he has proved the same in the Court.
The case set up by the defence is that the parents of the appellants lived in a small one room hut in village Lonand with numberfacilities of toilet etc Appellant No.1 wanted that his wife should go to look after his parents.
For this reason, he and his sister had with companymon intention poured kerosene on Sharada and set her on fire.
He further states that thereafter PW2 came to the ward to record the dying declaration of the deceased.
Today on 8.7.89 at night at about 1.30 hrs.
She was companyscious and told him that she was voluntarily making the statement.
We have heard learned companynsel for the appellants.
He requested the neighbours to call for an ambulance but when numberody companyld be companytacted on phone, he along with one neighbour went to the hospital to get an ambulance.
were number available in the village and the parents lived in a very small one room hutment.
She, as is apparent from the letters exchanged between her and her husband, was madly in love with him.
Sharada died of burn injuries suffered during the night intervening 08.07.1989 and 09.07.1989 in the wee hours of the morning of 09.07.1989.
It was Appellant No.
The witness in cross examination admitted that in case of patients of serious burn injuries painkillers are administered to the patients.
A suggestion has been put to PW2 that this statement was number recorded in the presence of PW5 and, therefore, the name of Dr. Chibbar has number been mentioned by him in the dying declaration.
Thereafter, Sharada was taken to Sassoon Hospital, Pune where she was admitted in the Burns Ward.
1, Sampat Babso Kale.
at my residence my husband Sampat Babasaheb Kale and my sister in law Tarabai Dhanaji Dhaigude poured kerosene on my person and set me on fire and I sustained burn injuries.
He asked her how she had suffered the burn injuries and she replied as follows On being doused by her husband Sampat Baba Kale and his sister with kerosene and set on fire at 12.30 a.m. approximately .
Appellant No.
He was told by PW5 that the female patient was fit and fully companyscious to make the dying declaration.
The defence version is that Sharada belongs to a companyparatively welloff family.
Unfortunately, she passed away in the morning.
On the other hand, the High Court came to the companyclusion that there was numberreason to discredit the dying declarations and held that dying declarations were totally reliable in view of the testimonies of PW2 and PW5.
2 had companye to stay at the house of her brother i.e. the Appellant No.
The prosecution story is that relations between husband and wife were companydial for about one and a half years.
1, was married to Sharada Sampat Kale on 25.04.1987.
Quarrels used to take place between we both husband and wife and he also used to quarrel with me that I companyld number give birth to child and used to ill treat me.
Yesterday at night due to above reason both of them poured kerosene on me and set me on fire and I sustained burns.
27 where the deceased Sharada Sampat Kale was brought with 98 injuries of burn.
Rest of the aforesaid statement is similar to that given to PW5 and need number be repeated.
1 who raised an alarm and tried to douse the fire by throwing water on Sharada.
Deepak Gupta, J. These appeals by the accused are directed against the judgment of the High Court of Bombay dated 13.10.2010 in Criminal Appeal No.
Sharada made two dying declarations the first was in the nature of the information given to Dr. Sanjeev Chibbar PW5 , who had attended upon her when she was admitted to the hospital and the second was a formal dying declaration made to Mr. Kamlakar Adhav, Special Judicial Magistrate, Pune PW2 .
It is also alleged that, in fact, he wanted to marry again even when Sharada was alive.
Since the hands of the deceased were burnt, PW2 took the impression of the left big toe on the statement.
