SHRIPAD ARJUN KAMAT Vs. STATE OF GOA

JUDGEMENT

(1.) THE present appellant, who is in jail since his conviction, has filed the present Appeal challenging his conviction for an offence punishable under Section306 of the Indian Penal Code. THE appellant stands convicted for the aforesaid offence by the Additional Sessions Judge, Panaji, in Sessions Case No. 21 of 1998 and he was sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 1,000/-, in default to undergo further imprisonment for a period of 2 months. THE principal allegation constituting the offence with which the appellant stood charged was that on17th April 1998 in the morning at about9. 00 a. m. the appellant by alleging that his deceased wife Seema had illicit relatious, instigated her to commit suicide, in which the deceased is alleged to have poured kerosene oil on her person and set herself ablaze. THE deceased is said to have died on22nd April, 1998.

(2.) THE facts necessary for the decision of this Appeal are as hereunder : -

(3.) IT appears that after the deceased and the appellant had suffered burn injuries, P.W.4 William D'souza drove the deceased and the appellant in a red coloured Tata Sumo vehicle accompanied by P.W.8 Ramesh S. Mayekar and P.W.9 Manohar Mayekar. The deceased and the appellant were taken to the Cottage Hospital at Sanquelim. There P. W.11 Dr. Dhabale examined the deceased and issued a certificate at Exhibit 28 The said certificate referred to the deceased having burns involving anterior and posterior parts of thorax, anterior aspect of neck and both arms and shoulders. Exhibit 28 also made a reference to the fact that the deceased was conscious and answered well. P. W.11 Dr. Dhabale does not make a reference at all to any statement made by the deceased in respect of the burn injuries suffered by her. Since P. W.11 Dr. Dhabale had advised that the deceased be taken to Goa Medical College, Bambolim, the deceased and the appellant were again driven by P.W.4 William D'souza in the red Tata Sumo to Goa Medical College, Bambolim. At the Goa Medical College the deceased was examined by P.W.3 Dr. Rajendra Shukla. According to Dr. Rajendra Shukla P.W.3, the deceased made a statement to him that the appellant had poured kerosene oil on her person and had set her ablaze. Apparently it seems from the record that neither P.W.3 Dr. Rajendra Shukla nor Dr. Shailesh Kamat, who were said to have examined the deceased, made any reference to this oral dying declaration alleged to have been made by the deceased to P.W.3 Dr. Rajendra Shukla and Dr. Shailesh Kamat. P.W.3 Dr. Rajendra Shukla revealed about the dying declaration alleged to have been made by the deceased for the first time on12th June, 1998 when his statement was recorded by the police.