GOVERDHAN RAOJI GHYARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the order of conviction under S. 302, I.P.C. and sentenced of life imprisonment passed by the Nagpur Bench of the High Court of Judicature at Bombay in Criminal Appeal No, 65 of 1985 setting aside the judgment of acquittal passed by the learned Additional Sessions Judge Akola in Sessions Trial No. 74 of 1984.

(2.) The prosecution case in short is that the deceased was married to the accused Goverdhan on 11th June, 1983. The deceased was the daughter of Laxman and the sister of complainant Suresh and Purshottam. 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. After the marriage, Sunanda went to the house of the accused and she was treated well for about two to three months only. Thereafter, the accused started beating her on the ground that she could not cook properly and that she was illiterate and the accused could have married a working girl. A few days before Dussehara festival the deceased Sunanda arrived at the house of Laxman and demanded a Sum of Rs. 500/- telling that her husband was in need of money for the purpose of service. The amount was handed over by Laxman to Sunanda with a view that the accused would not beat her further and would treat her well. Three-four days before Dussehara, Laxman sent Suresh for bringing Sunanda at his house and she was brought by Suresh. During the stay at the house of Laxman, Sunanda used to tell that the accused had been beating her. On the next day of Dussehra, the accused came to the house of Laxman for taking Sunanda. As the parents of Sunanda were not 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 some days, accused along with his brother and one Sonaji came to the house of Laxman for setting the matter. But he had told that Sunanda would be beaten if she would not cook properly. Laxman on hearing such statement, did not send Sunanda with them. 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. Unfortunately, the incident of beating by the husband still continued and at the time of next Tilsankrant beating of Sunanda by the accused had taken place in the field in presence of Sunandas brother, Purshottam. Purshottam informed Laxman that the accused had beaten Sunanda for the reason that she, had refused to convey the message to her brother Suresh through Purshottam for bringing the amount for the accused. On March 10, 1984 in the evening Suresh had just come home from Hatrun, where he was serving as a teacher and was relaxing. He was informed by one Baban that sister Sunanda was burnt. He went to her house in. Ural Kd. and he found that Sunanda was kept near the door. 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. Suresh thereafter went to the Police Station at Ural Bk. and lodged the written report. Laxman also coming to know of such burning came to the house of Sunanda after calling his family members. On the basis of the complaint lodged by Suresh, A.S.I. Tale registered the offence under Section 307 I.P.C. and went to the spot, The Sub-Inspector was accompanied by Suresh. 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. Such dying declaration was recorded in a question and answer form. 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 completely caught fire and she sustained burns. A.S.I. Tale then prepared the Panchanama at the spot. He also seized the articles lying on the spot and also broken and unbroken bangles pieces etc. from dungpit. 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. Shri Tidke sent the D. D. memo to Taluka Magistrate through the Police Constable Pradeep. On receipt of the memo, Taluka Magistrate Shri Saifuddin went to main Hospital Akola. The said Magistrate contacted the doctor-in-charge of the ward and made an enquiry in writing as to whether the patient was conscious to give statement. The doctor certified that the patient was fit to give the statement. Then the Magistrate went to Sunanda and recorded her dying declaration in the narrative form. Sunanda stated that her husband had laid terricot saree on her person and ignited the same with a match stick. She also stated that she was burnt by none-else but by her husband. After the dying declaration was recorded the Taluk Magistrate obtained Sunandas thumb impression thereon and again obtained a certificate of the doctor regarding the conscious state of mind of the patient at the foot of the dying declaration. Sunanda expired on March 14, 1984. The Panchnama was prepared in the hospital and the body was sent for post mortem by the police. Dr. Ahmad conducted the post mortem examination and issued the post mortem report. In view of the death of Sunanda, the case was converted from the offence under Section 307 IPC to an offence under Section 302 IPC. 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. On internal examination of the body, a foetus was also found dead in the womb of the deceased. 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.

(3.) A Judicial Magistrate First Class, Balapur, committed the case under Section 209 Cr. P.C. to the Court of Session for the trial of the accused and on hearing the prosecution and defence, the charge for the offence under Sections 498 A and 302 IPC was framed against the accused. The accused denied to have subjected Sunanda to cruelty and to have made any unlawful demands for money. He also denied to have committed the murder of Sunanda by setting her on fire. 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. 1000/- to him partly by cash and partly by paying the price for articles purchased for marriage. Although Suresh agreed to repay the amount within six months, only Rs. 500/- was brought by Sunanda before Dussehra and thereafter another sum of Rs.200/- was paid. 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. 300/-. As the father did not pay the said amount, Sunanda was not sent with the father. 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. 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 not going to the field. 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 not allow her to go to the parents house till her death. Sunanda became agitated and stated that the relations of the accused and herself as husband and wife had come 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. 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. The accused rushed to his house. Suresh and some police men had arrived at that time and the accused was not allowed to enter the house by the persons accompanying him. He was made to sit outside the courtyard by the police. Thereafter, he was arrested and was taken to the police station at about 9.30 to 10.00 P. M.