BHAGWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant stands convicted under Section 302 IPC and sentenced to life imprisonment for the death of his wife at home by burn injuries on 06.04.2003. The deceased expired the next day. The High Court acquitted him of the charge under Section 498-A IPC regarding dowry demand.

(2.) Learned counsel for the appellant submitted that there is no eye witness to the occurrence. There were three dying declarations at variance with each other. Conviction has been erroneously based on the third dying declaration merely because it was made in presence of the Special Judicial Magistrate. Reliance in support of the submission was placed on State of Rajasthan v. Shravan Ram & Another, 2013 AIR(SC) 1890. In the alternative it was submitted that the deceased may have died on account of accidental burns while cooking or brewing tea. The appellant may have assaulted her under some grave provocation with regard to some occurrence inside the house to which no one else may have been privy. The appellant had also suffered burn injuries on his left hand while attempting to save the deceased. The deceased was taken to the hospital by the appellant which is further proof of his innocence. The conviction under Section 302 IPC therefore deserves to be altered to one under Section 304-II IPC, if not acquittal.

(3.) Learned counsel for the State opposing the appeal submitted that the third dying declaration stands proved by PW-7 the Special Judicial Magistrate, who had recorded the same. PW-8, the Doctor who certified the condition of the deceased at the relevant point of time had also been examined. There was no evidence in support of the submission that the deceased had died either in an accidental fire or that the appellant may have assaulted her under grave and sudden provocation.