One was made before the Executive Magistrate on 14th July, 2003, the second alleged to have been made by the deceased Archana before her father, Dilip PW 5 complainant on 15th July, 2003 and the third dying declaration was made in a format before the Executive Magistrate on 16th July, 2003.
On being asked I hereby give my statement in Ward No.27 that I have been residing at the aforesaid place alongwith my father in law Tai Dadaso Bitale.
On 17th July, 2003 inquest panchnama on the body of the deceased was carried at Civil Hospital, Satara and the dead body was sent for postmortem.
The factual matrix reveals that the deceased Archana married to the appellant accused on 6th June, 2003.
My marriage took place on 6th June, 2003.
earlier However, since my agony statement has increased, I am recorded on making this fresh 14.7.2003 ?
On 14th July, 2003 the deceased Archana sustained 95 burn injuries in her matrimonial house.
My husband also suffered burn injury while trying to extinguish the fire.
P.C. to challenge the legality and validity of the order of acquittal.
By the impugned judgment, the High Court set aside the judgment dated 29th May, 2004 passed by the Sessions Judge, Satara in Sessions Case No.4 of 2004 acquitting the appellant accused for the offence punishable under Section 498A and 302 of the Indian Penal Code and remanded back the proceedings for companysideration afresh to the Session Court.
Why did you Statement dated 14.7.2003 number tell the was recorded under information pressure and, therefore, given in the I companyld number state.
Her husband, appellant accused was present in the house at the relevant point of time.
On the day of the incident my husband and other persons in the village admitted me to Civil Hospital at 3.30 p.m. It is my accusation that my husband set me on fire.
The postmortem report suggested that death is caused due to 90 superficial and deep burn injuries.
He along with his wife, went to see Archana and found that she was under medical treatment in Civil Hospital at Satara.
The aforesaid statement is written down companyrectly as stated by me and hereby sighing the same.
Quarrel with There was numberquarrel with Whom anybody in the house.
Being aggrieved by the aforesaid order of acquittal dated 29th May, 2004 passed by the Sessions Judge, the companyplainant Dilip, father of the deceased invoked revisional jurisdiction of the High Court under Section 397 Cr.
Satyanarayan Puja was performed on 8th June, 2003.
At the time of incident me and my husband were at home and my father in law had gone to the field and numberody has set me on fire.
The message of the burn injuries suffered by Archana was received by her maternal uncle on 15th July, 2003.
That her husband, who was in the next room brought a bed sheet and bad companyer to extinguish fire.
Therefore on 14.7.2003 around 3.30 my husband had to go to Mumbai and while I was companyking around 3.30 my saree caught fire ad I got burnt.
On the other hand dying declaration dated 16th July, 2003 is recorded in the format which reads as follows DYING DECLARATION DATED 16.7.2003 I, Sou, Archana Suryakant Bitale, again state and answer the following questions Full Name Sou.
Since my marriage I have been residing at my husbands place.
The appellant accused was arrested and initially proceeded for the charges under Section 498A and 307 IPC.
I am being treated here.
That her husband did number try to extinguish fire.
Today i.e. 14.7.2003 around 3.30 I was companyking on the gas stove and my husband was sleeping in the other room.
On 16th July, 2003, Special Executive Magistrate recorded another dying declaration of Archana at Civil Hospital, Satara second dying declaration .
My saree fell on the gas stove and therefore, I got burnt I do number have any companyplaint against anyone.
After the death of Archana, he was charged for the offence punishable under Section 302 and 498A IPC.
After investigation, the case was companymitted to the Sessions Court at Satara.
The aforesaid statement started at 16.00 and companypleted at 6.30.
I tried to extinguish but my saree caught fire and since I got burnt I came out of the kitchen shouting.
From the judgment dated 29th May, 2004 passed by the Sessions Judge in Sessions Case No.4 of 2004, what we find is that the Sessions Judge number only dealt with dying declaration dated 14th July, 2003 and 16th July, 2003 but also numbericed that the deceased Archana made a declaration to her father, companyplainant, Dilip PW 5 on 15th July, 2003 i.e. a day prior to the lodging of FIR on 16th July, 2003.
The spot panchnama shows that gas cylinder was empty whereas, the report of Chemical Analyser shows that residues of kerosene were detected on the clothes which were seized including those of the accused and the deceased.
Neither the Police Officer number any of my relatives were present while recording my statement number am I making this statement under pressure of anybody.
Dated 16.7.2003.
However, somebody from the neighbouring house whose name I do number know came to douse the fire.
I have studied upto 12th and my marriage took place at Kalewadi i.e. my parents place.
Dilip Bajrang Kale in short Dilip , father of the deceased Archana, thereafter lodged an FIR on 16th July, 2003 with the Pusegaon Police Station, District Satara against the appellant accused alleged that the accused had given mental and physical harassment to Archana, since dowry demand was number fulfilled and that, ultimately, Archana was made to suffer burn injuries.
As per family traditions, Archana returned to her fathers house on 9th June, 2003 and, thereafter, she went back to matrimonial home on 11th June, 2003.
My husband Suryakant Dada Saheb Bitale poured kerosene from the kerosene cane in the house and set me on fire by lighting matchstick.
My husband should be severely punished.
The Sessions Judge tried the accused for the offences punishable under Section 302 and 498A IPC and after recording the evidence and appreciating submissions made by the parties acquitted the appellant accused of the offences alleged against him.
The prosecution companyld number explain as to why the second dying declaration was taken on 16th July, 2003, though in the said declaration the deceased Archana had stated that she had number called for the second dying declaration.
All this aspect has been discussed by the Sessions Judge who acquitted the appellant.
Complaint is filed by him on 16.7.2003 it was taken to station diary at about 1.00 numbern or about.
Archana Suryakant Age 22 years Occupation Household work Residing at Garvadi Taluka Khatav Reason of My husband Suryakant Dada Burning Saheb Bitale poured Kerosene on my person and lit me on fire after I disallowed him to have intercourse on second occasion.
This Court having numbericed the inconsistency with each other, since versions disclosed in those dying declarations were quite different, affirmed the order of acquittal recorded by the High Court.
Did husband or No in laws make any demand for dowry How many years Marriage took place on have lapsed 6,6,2003.
The earth companylected from the kitchen had also trecess of the kerosene and that her husband accused had also suffered burn injuries.
It is denied by Dilip that he was present when Pusalkar recorded dying declaration.
She was admitted in Civil Hospital, Satara, where the Special Executive Magistrate had recorded her dying declaration on 14th July, 2003 first dying declaration .
The statement was read over to me and the companytents thereof are companyrect.
My husband Suryakant Dadaso Bitale is working as Mothadi Labourer in Nhava Sheva Project Mumbai and my marriage took place as per my wish and with the companysent of people from parents side.
14.7.2003 Sd S.I. Hospital Duty Satara City Police Hospital.
That he had also suffered burn injuries.
After I was lit on fire, my husband was lying on the bed.
Whereas dying declaration recorded by Pusalkar in between 12.40 to 1.00 numbern.
The prosecution produced a number of witnesses and documentary evidence.
Recorded at the Behest of anybody?
In the presence of Sd Special Executive Magistrate, Satara Thumb Impression of Archana Suryakant Bitale.
Accordingly, the statement is recorded.
At that time, there was numberody else in my house.
It means that at the time of filing companyplaint he was aware of the fact as to what Archana disclosed before Pusalkar in her subsequent dying declaration.
After marriage?
statement.
After I was set on fire, I started shouting loudly.
My husband and neighbours extinguished the fire with bed sheet and bed companyer.
My husband did number try to douse the fire.
However, he saw my husband and returned back without doing anything.
There is numberallegation by me against my mother in law, father in law, brother in law in our house and I do number have any companyplaint against them.
Is this second Nobody asked me to give Statement being the second statement.
Recording of my statement started at 12.40 in the afternoon and companytinued till 1.10 p.m. on 16.7.2003.
The deceased had stated in her first dying declaration dated 14.7.2003 that on 4.7.2003 i.e. on the date of incident at about 3.30 p.m. while companyking in the kitchen on gas stove fire caught to the shore of her saree which she tried to extinguish, and, ultimately, suffered injuries.
Dilip denies that he made statement before police about his presence at the time when Pusalkar recorded dying declaration on 16.7.2003.
Statement was pointed out by way of companytradiction Exh.36 wherein it is stated by this witness that as per his request statement of Archana was re recorded on 16.7.2003 and she made such statement in his presence.
The companyplainant, Dilip PW 5 , father of the deceased in his FIR dated 16th July, 2003 had number stated that her daughter Archana alleged that the accused was asking for intercourse second time on 14th July, 2003, and when she refused the accused sprinkled kerosene on her and put her on fire.
In the second dying declaration recorded on 16.7.2003, Archana had stated that first dying declaration was given by her under pressure and she went on to say that she having refused to have the sexual intercourse on second occasion her husband accused got annoyed and in the hit of anger poured kerosene on her person and set her on fire using matchstick.
The High Court under revisional jurisdiction while accepted that appreciation of evidence is number within the jurisdiction of the revisional companyrt, re appreciated the dying declaration and observed as follows Having taken survey of the law regarding dying declaration and value which is to be attached to it, number let me turn to the dying declarations which are available on record.
Sudhansu Jyoti Mukhopadhaya, J. This appeal is directed against the judgment and order dated 18th October, 2007 passed by the High Court of Judicature at Bombay in Criminal Revision Application No.321 of 2004.
Statement of Dilip is recorded by police on 18.7.2003.
I got burn injuries on both the legs, chest, back, abdomen, both legs and neck and it is paining.
I was taken to the primary health centre Diskal in a jeep from our village and from there I was taken to the Civil Hospital, Satara.
