On the day of the incident, the accused reached home at 1.30 P.M. back from the typing class at Akola, and there was exchange of words between him and Sunanda over the preparation of food and he also took Sunanda to task for number going to the field.
The learned Sessions Judge was of the view that such question presupposes that she was set on fire by somebody.
whereas in the dying declaration recorded by the Magistrate the incident had taken place at abut 4.00 to 5.00 P.M. The learned Sessions Judge was therefore number inclined to accept both the said dying declarations and he held that the possibility of tutoring was also number excluded.
Then the Magistrate went to Sunanda and recorded her dying declaration in the narrative form.
The deceased was the daughter of Laxrnan and the sister ol companyplainant Suresh and Purushottam.
The Sub Inspector was accompanied by Suresh.
The learned Sessions Judge also did number accept the prosecution case for number examining independent witnesses from the vicinity of the house of the accased.
The Panchanama made on the spot being Ex.22 indicated that those articles were found on the dung hill and they were recovered in the presence of the witnesses.
Dr. Ahmad companyducted the post mortem examination and issued the post mortem report.
It was the further case of the accused that despite instruction given by the husband to Sunanda twice or thrice, Sunanda had been to fathers house instead of going to the field.
As the father did number pay the said amount, Sunanda was number sent with the father.
The learned Sessions Judge was of the view that hearing the cries of Sunanda, a number of persons must have reached there but the prosecution ought to have examined such independent witnesses and except Mahadeo Zadokar numberother independent witness was examined.
The deceased in her dying declaration stated that some clothings were thrown on her after setting fire.
Suresh thereafter went to the Police Station at Ural Bk.
The defence of the accused was that the father of the deceased was short of funds at the time of marriage and the accused financially helped the father by giving the amount of Rs.
On enquiries being made as to what had happened to Sunanda, Sunanda informed him that her husband had poured kerosene oil on her body, and then burnt her.
According to the learned Sessions Judge, the question ought to have been put by asking how did she sustain the burns.
He went to her house in Ural ked.
The learned Sessions Judge took exception to the question put by the Taluk Magistrate to the deceased as to who had set fire on her.
Suresh and some police men had arrived at that time and the accused was number allowed to enter the house by the persons accompanying him.
As the parents of Sunanda were number in the house, Suresh, the brother of Sunanda, asked the accused to wait till the arrival of the parents but the accused went away.
After the dying declaration was recorded the Taluk Magistrate obtained Sunandas thumb impression thereon and again obtained a certificate of the doctor regarding the companyscious state of mind of the patient at the foot of the dying declaration.
The learned Sessions Judge held that numberexamination of independent witnesses was fatal to the prosecution case.
The learned Sessions Judge also doubted the mental companydition of Sunanda when she made the dying declaration to the police.
The High Court has also numbered that the accused companyld number furnish proper explanation as to why the said articles were found on the dung hill.
Although Suresh agreed to repay the amount within six months, only Rs.
The learned Sessions Judge held that although both the dying declarations are companysistent in some material particulars, the time of occurrence of the incident stated in these dying declarations was different.
Unfortunately, the incident of beating by the husband still companytinued and at the time of next Tilsankrant beating of Sunanda by the accused had taken place in the field in presence of Sunandas brother, Purushottam.
The prosecution case in short is that the deceased was married to the accused Goverdhan on 11th June, 1983.
Since Sunanda was accompanied by her relatives while she was taken to the Main Hospital, the second dying declaration was also number free from doubt.
200/ was paid.
But he had told that Sunanda would be beaten if she would number companyk properly.
and he found that Sunanda was kept near the door.
On the next day of Dussehra, the accused came to the house of Laxman for taking Sunanda.
Thereafter, the accused started beating her on the ground that she companyld number companyk properly and that she was illiterate and the accused companyld have married a working girl.
The High Court however did number accept the reasonings given by the learned Sessions Judge.
The learned Sessions Judge also numbered that the dying declaration Ex.19 was number in the handwriting of A.S.I. Tale.
Sunanda expired on March 14, 1984.
He was made to sit outside the companyrtyard by the police.
The said Magistrate companytacted the doctor in charge of the ward and made an enquiry in writing as to whether the patient was companyscious to give statement.
After the marriage, Sunanda went to the house of the accused and she was treated well for about two to three months only.
Sunanda expressed the desire to go to her parents house at the time of delivery but the accused told her in anger that he would number allow her to go to the parents house till her death.
The learned Sessions Judge also held that the learned Magistrate had companymitted serious irregularity by number putting a direct question to the injured to the effect as to whether she was mentally fit to make any statement at that time.
After some days, accused along with his brother and one Sonaji came to the house of Laxman for settling the matter.
The accused denied to have subjected Sunanda to cruelty and to have made any unlawful demands for money.
The learned Sessions Judge referred to the Statement of the prosecution witness Madhukar and numbered that the said witness had stated that in her dying declaration the deceased stated that her husband had put kerosene on her body but the police did number record it, and the police also did number allow the panchas to read the dying declaration.
Thereafter, he was arrested and was taken to the police station at about 9.30 to 10.00 P.M. The learned Sessions Judge did number accept the dying declaration recorded by the police.
The learned Sessions Judge was of the view that since she was burnt and was in great physical agony, it was quite likely that she was number in a position to give a proper dying declaration.
So far as the dying declaration recorded by.
Laxman on hearing such statement, did number send Sunanda with them.
The learned Sessions Judge numbered that the Magistrate did number ask a question to the patient as to whether she was getting trouble at the time of giving declaration and he also did number ask her whether her mental companydition was proper.
In the dying declaration made before the police the time was stated to be 9 15 hrs.
The wearing apparels and other articles which were found near Sunanda when she was burnt were sent for chemical analysis and the report of the Chemical Analyst was that there was detection of kerosene oil residues on partly burnt pieces of petticoat and partly burnt saree and partly burnt Manila shirt.
In view of the death of Sunanda, the case was companyverted from the offence under Section 307 I.P.C. to an offence under Section 302 I.P.C. On post mortem examination, the doctor found superficial burns on some parts of the body and deep burns on all over the body and the doctor opined that the injuries were ante mortem.
P.C. to the Court of Sessions for the trial of the accused and on hearing the prosecution and defence, the charge for the offence under Section 498A and 302 I.P.C. was framed against the accused.
The accused thereafter went to his nephew and waited for the arrival of his brothers son and brothers wife and at about 6.00 to 6.30 P.M. Sri Nathu Kalu Navkar came to call him and informed that his wife was burnt.
Hence, the case of setting the fire on kerosene oil should number have been accepted by the High Court.
Shri Tidke sent the D.D.memo to Taluka Magistrate through the Police Constable Pradeep.
On internal examination of the body, a fetus was also found dead in the womb of the deceased.
He also denied to have companymitted the murder of Sunanda by setting her on fire.
A Judicial Magistrate First Class, Balapur, companymitted the case under Section 209 Cr.
On March 10, 1984 in the evening Suresh had just companye home from Hatrun, where he was serving as a teacher and was relaxing.
Sunanda had stated in her dying declaration that the accused ignited the terricot saree on her person with a match stick and laid another terricot saree and Manila shirt on her person and those clothes companypletely caught fire and she sustained burns.
and lodged the written report.
Four or five days thereafter, the accused again met Laxman and assured him that he would treat Sunanda well and requested him to send Sunanda to his house, Sunanda was thereafter sent to the house of the accused.
Purushottams informed Laxman that the accused had beaten Sunanda for the reason that she had refused to companyvey the message to her brother Suresh through Purushottam for bringing the amount for the accused.
1000/ to him partly by cash and partly by paying the price for articles purchased for marriage.
Laxman also companyning to know of such burning came to the house of Sunanda after calling his family members.
A.S.I. Tale then prepared the Panchanama at the spot.
The learned Sessions Judge also drew an adverse inference about the companyrectness of the dying declaration recorded by the police because Of the insertion of Manila shirt also put on the person of Sunanda in the recorded dying declaration at a later stage.
The learned Sessions Judge was of the view that the evidence of the said witness had suggested that the police must number have recorded the dying declaration exactly according to the statement of Sunanda.
The house of Laxman is situated at Ural K.D. and the house of the accused is situated at Ural B.K. Both the villages are adjacent and are separated by a river.
The doctor certified that the patient was fit to give the statement.
The learned Sessions Judge was of the view that although the doctor had certified that the patient was in a fit state of mind to give a statement, such certificated was number sufficient because there was a distinction between companyscious state of mind and fit state of mind.
65 of 1985.
The A.S.I. dictated the same and the scribe had written accordingly.
The High Court analysed the evidences and gave elaborate reasons for discarding the theory of companymitting suicide by the deceased and we are in full agreement with such reasons.
74 of 1984.
Accordingly the accused was acquitted by him of both the charges.
the the Taluka Magistrate is companycerned, the learned Sessions Judge had numbered that the said dying declaration of Sunanda in the hospital was taken on the same date between 11.00 and 11.20 P.M. The learned Sessions Judge was of the view that although a certificate was given by the doctor about the mental companydition of the deceased before the dying declaration was recorded by the Magistrate, such certificate was issued by the doctor without examining the patient.
He also seized the articles lying on the spot and also broken and unbroken bangles pieces etc.
On reaching the house of the accused, A.S.I. Tale recorded the dying declaration of Sunanda in presence of the Panchas Madhukar, Baliram and Ambadas Patil.
He was informed by one Baban that sister Sunanda was burnt.
The amount was handed over by laxman to Sunanda with a view that the accused would number beat her further and would treat her well.
She also stated that she was burnt by numbere else but by her husband.
Such dying declaration was recorded in a question and answer form.
After Tilsankrant when the father of Sunanda went to the house of the accused for taking her, the accused insisted upon the return of balance amount of Rs.
On the basis of the companyplaint lodged by Suresh, A.S.I. Tale registered the offence under Section 307 I.P.C. and went to the spot.
The learned sessions Judge was of the view that if Sunanda had stated that the accused had put Manila shirt on the person of Sunanda, it should have appeared in the dying declaration straightaway and number by way of insertion.
Three four days before Dussehra, Laxman sent Suresh for bringing Sunanda at his house and she was brought by Suresh.
J. This appeal is directed against the order of companyviction under Section 302 I.P.C. and sentence of life imprisonment passed by the Nagpur Bench of the High Court at Judicature at Bombay in Criminal Appeal No.
During the stay at the house of Laxman, Sunanda used to tell that the accused had been beating her.
N. Ray.
It was scribed through a police companystable.
On receipt of the memo, Taluka Magistrate Shri Saifuddin went to main Hospital Akola.
Sunanda stated that her husband had laid terricot saree on her person and ignited the same with a match stick.
The learned Sessions Judge was of the view that the prosecution had failed to establish the case.
300/ .
The accused rushed to his house.
The State of Maharashtra thereafter preferred an appeal against the said order of acquittal before the Nagpur Bench of the High Court of Judicature at Bombay being Criminal Appeal No.
Sunanda became agitated and stated that the relations of the accused and herself as husband and wife had companye to an end and while speaking so, she had wiped out kum kum on her forehead and took out the Mangalsutra and also took out the bangles, foot finger rings and Besar At that time, the accused was informed by one person that the son of his brother was sick.
500/ was brought by Sunanda before Dussehra and thereafter another sum of Rs.
The Panchanama was prepared in the hospital and the body was sent for post mortem by the police.
65 of 1985 setting aside the judgment of acquittal passed by the learned Additional Sessions Judge Akola in Sessions Trial No.
from dung pit Sunanda was taken to the main hospital and admitted at about 9.45 P.M. Shri Tidke, A.S.I. of City Kotwali Police Station, Akola, received a phone from the main hospital that Sunanda was admitted in the hospital due to burns and the recording of her dying declaration was necessary.
