STATE OF MAHARASHTRA Vs. MAHESHSINGH HARISHSINGH THAKUR

JUDGEMENT

(1.) By this appeal the State has challenged respondent's acquittal for the offence punishable under Section 302 of the Penal Code, recorded by the learned 6th Additional Sessions Judge, Nagpur.

(2.) The respondent was tried for murder of his wife by setting her ablaze on27th November, 1991 at his residence on account of a petty domestic dispute. Respondent's wife Pushpabai, who had sustained burn injuries, was taken to hospital where police caused her Dying Declaration to be recorded before a Special Executive Magistrate. In the said declaration the victim implicated the respondent. An offence was registered. THE victim succumbed to her injuries on 07-12-1991. After an inquest her body was sent for post-mortem examination and it was found that the victim died on account of 54% burns suffered by her. Police recorded statement of witnesses, seized incriminating articles and sent them to the Forensic Science Laboratory and on completion of investigation submitted charge-sheet before the Chief Judicial Magistrate, Nagpur.

(3.) His learned adversary contended first, that the Dying Declaration was not reliable because it was apparently recorded by A. S. I. Trivedi and not by the Special Executive Magistrate. Secondly, respondent's having consumed liquor at the relevant time does not necessarily lend corroboration to the circumstances leading to cause of death stated by victim's wife Pushpabai, in the Dying Declaration at Exh.32. The learned counsel further submitted that the evidence of victim's sons cannot be brushed aside because they were not declared hostile and the defence was therefore, entitled to rely on the same.