MEERABAI RANGNATH SHRIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was convicted for an offence punishable u/s 302 of IPC by the 2nd Addl. Sessions Judge, Shrirampur, in Sessions Case No. 11/2003, vide judgment & Order dt:5/3/2004. By this appeal, the appellant impugns the judgment & order dt:5/3/2004, by which, she has been convicted & sentenced to suffer life imprisonment with fine of Rs. 1,000/-, in default, rigorous imprisonment for a year.

(2.) Factual matrix of the prosecution case, in brief, is stated as under : - Deceased was daughter of Trimbak Bachkar (PW2 ). Her marriage was performed with one Shivaji s/o. Sattu Chand, a resident of village Newasa (BK), tq. Newasa, Dist. Ahmednagar, in the year 2001. The appellant is sister-in-law of deceased Vandana. After marriage, Vandana started to reside with her husband Shivaji. In-laws of the family included mother-in-law, father-in-law and sister-in-law i. e. the appellant herein. Bachkar and Chand families were, initially, on visiting terms. Deceased Vandana used to frequently visit her parental home, even at intervals of 4 days, 15 days or a month. Parents of deceased Vandana were staying at village Jambali in Rahuri taluka of Ahmednagar district, which is about70 to 80 kilometers from the village where in-laws of deceased Vandana were staying. Prosecution alleges that the original accused i. e. the appellant herein - Smt. Meerabai Shriram and two other accused viz. husband - Shivaji s/o. Sattu Chand and Saibai W/o Sattu Chand, mother-in-law, started demanding a motorcycle from deceased Vandana and as the demand was not fulfilled, they started ill-treating Vandana and was allegedly beaten by the accused. The said fact was apprised by Vandana to her father Trimbak Bachkar (PW2 ). It is alleged that Trimbak Bachkar (PW2) promised that he would purchase a motorcycle and by saying so, he consoled his daughter Vandana. Four days prior to the incident, Vandana had been to the house of her father i. e. Trimbak Bachkar (PW2) and complained that she was ill-treated and beaten by her husband. Therefore, Trimbak Bachkar (PW2) accompanied her to the house of the accused and promised that he would make necessary arrangement to fulfill their demand, as soon as his financial condition improved. Thereafter, it is alleged that Trimbak Bachkar (PW2) received a phone call from one Sambhaji Bendre that Vandana suffered burns by pouring Kerosene and was admitted in a Civil Hospital at Ahmednagar. It is alleged that on25/11/2002, at about5. 30 a. m. , Vandana, while was sitting near a country fire (Chool), the appellant poured Kerosene on her person and set her on fire. Vandana got ignited and suffered burn injuries. She was brought to Civil Hospital at Newasa at about7. 45 a. m. by Sattau Chand, her father-in-law and one Baban Manaji Dhaigude, maternal uncle of Vandana. A Medical Officer examined her and looking to critical condition, referred her to Civil Hospital for further treatment. The Medical Officer issued injury certificate (Exh. 50 ). The Medical Officer at Newasa recorded in the certificate the history of burns to the effect that, "explosion of stove and burned at about6. 30 a. m. 25/11/2002. " Vandana was shifted to Civil Hospital at Ahmednagar and was admitted there. Medical case papers of Civil Hospital at Ahmednagar reveal that Vandana was admitted on25/11/2002 at10. 35 a. m. by her maternal uncle - Baban Dhaigude. A Medical Officer provided her with the treatment. Sow. Kalpana Bhosale, the then Nayeb Tahsildar (PW6), on a request made by a Police Constable, Tofkhana Police Station, on25/11/2002, visited the Civil Hospital to record a dying declaration of Vandana. She received a communication from Tofkhana Police Station on25/11/2002 at5. 15 p. m. and she visited the Civil Hospital and recorded statement of Vandana at5. 50 p. m. on25/11/2002 (Exh. 48 ). She completed recording of the statement at6. 15 p. m. We find a thumb impression of Vandana, made after recording of the statement, and a signature of Sow. Kalpana Bhosale (PW6 ). The Medical Officer put an endorsement, after recording of the statement, that Vandana was conscious and oriented to time, place and person. The Medical Officer signed below the statement. A Police Head Constable viz. Tukaram Kolhe (PW3), addressed a communication to the Civil Surgeon on26/11/2002 (Exh. 28), intimating he has to record a dying declaration of Vandana and sought an endorsement of doctor as to whether, Vandana was conscious or not to make a statement. We find an endorsement on the letter dt. 26/11/2002 (Exh. 28), made on26/11/2002 at2. 30 p. m. , to the effect that, "patient is conscious and she is in condition to give statement. " The Police Head Constable viz. Tukaram Kolhe (PW3) recorded statement of Vandana on26/11/2002. The Medical Officer endorsed, prior to recording the dying declaration, to the effect that, "patient is conscious and she is in condition to give statement. " The endorsement was made by the doctor at2. 30 p. m. on26/11/2002 and he has signed thereunder. The Police Head Constable viz. Tukaram Kolhe (PW3) recorded statement of Vandana and completed the same at3 p. m. After recording the statement, the Medical Officer further endorsed that, "patient was conscious and was in condition to make statement". He signed below the statement and the endorsement and also put time as 3 p. m. Vandana put her thumb impression after recording the dying declaration. Vandana died on28/11/2002 at5. 40 p. m. and on the basis of the dying declaration (Exh. 48), recorded by Sow. Kalpana Bhosale (PW6), an offence was registered and the appellant & other accused came to be arrested.

(3.) Learned counsel for the appellant viz. Mr. V. D. Sapkal, submitted before us that, in the present case, prosecution has come out with five alleged dying declarations of deceased Vandana. We have two endorsements of two Medical Officers, one at Civil Hospital, Newasa and another at Civil Hospital, Ahmednagar, in the shape of statements made by deceased Vandana, which were recorded as history of the incident narrated by the patient, and two written dying declarations, one recorded by Tukaram Kolhe (PW3), which is at Exh. 28 and another recorded by Sow. Kalpana Bhosale (PW6), which is at Exh.48. According to prosecution, Vandana gave a statement to her father, when he came to see her in the Civil Hospital at Ahmednagar, that she was burned by her sister-in-law i. e. the present appellant. LEARNED counsel for the appellant drew our attention to the discrepancies and variances in all these dying declarations, which, according to him, are not consistent regarding the manner in which the incident took place and therefore, he contended that, the alleged dying declarations do not inspire confidence, in absence of corroboration to it, for fastening criminal liability on the appellant for sustaining conviction for a serious offence of Section 302 IPC.