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Wednesday, May 7, 2014

Sec. 306 and 498 A IPC - Women committed suicide with in 7 of marriage - Dying Declaration - mental treatment was not considered was the plea of defence - Apex court held that In case the dying declaration could be disbelieved for any reason, this Court would have thought it just and appropriate to enter into other circumstantial evidence like the defence case that the deceased Shobha committed suicide due to her mental ill-ness. In the wake of dying declaration recorded primarily after the incident and the witnesses who had arrived at the scene of occurrence corroborating the prosecution case, we see no further need to probe the evidence merely to accept the defence case that the reason for the death of Shobha was due to her mental ill-ness ignoring the version given out in the dying declaration when the deceased was conscious and in a fit state of mind to get her statement recorded which finally became a dying declaration after her death. The prosecution case being fully supported by the dying declaration which do not suffer from any blemish or infirmity supported by medical evidence and evidence of other witnesses corroborating the prosecution case, we do not consider that it is not a fit case for interference. = RAVINDRA TRIMBAK PATIL ..Appellant Versus STATE OF MAHARASHTRA ..Respondent= 2014 (April. Part)http://judis.nic.in/supremecourt/filename=41479

 Sec. 306 and 498 A IPC - Women committed suicide with in 7 of marriage - Dying Declaration - mental treatment was not considered was the plea of defence - Apex court held that In case the dying declaration  could be  disbelieved   for  any reason, this Court would have  thought it  just  and  appropriate  to  enter into other   circumstantial  evidence  like    the  defence  case  that  the
deceased Shobha  committed suicide  due to  her  mental  ill-ness.   In  the wake of dying declaration recorded primarily after  the  incident   and  the witnesses who had arrived at the  scene of   occurrence   corroborating  the prosecution case, we see no further need  to probe  the evidence  merely  to accept the defence case that  the reason for the death of Shobha    was  due
to her  mental ill-ness ignoring    the  version  given  out  in  the  dying declaration  when the deceased was conscious  and in  a fit  state  of  mind to   get her statement recorded which finally became  a  dying   declaration after her death.  The prosecution case being fully supported  by  the  dying declaration which do not suffer from any blemish or infirmity  supported  by medical  evidence  and  evidence  of  other  witnesses   corroborating   the prosecution case, we do  not  consider  that  it  is  not  a  fit  case  for interference. =

High Court partly  allowed  the  criminal  appeal  of  the
appellant herein and his mother (accused No.2)  and  thereby  confirmed  his
conviction under Sections 306 and 498A read with Section 34  IPC  sentencing
him to RI for 3 years and 2 years respectively as awarded  by  Ld.  Sessions
Judge,  Jalgaon.   The  High  Court  in  the  said  appeal  maintained   the
conviction of accused  No.2  under  the  above  sections,  but  reduced  the
sentence to the period of imprisonment which she had already undergone  i.e.
6 months. 2.   =
 We have carefully  examined the judgment and order of the  trial
court  as also the  High Court which  are well-reasoned  on all aspects  and
we do not  deem it necessary to enter into the correctness of  the  same  on
the plea that the  deceased  Shobha  was  suffering   from  mental  ill-ness
which had   driven her to commit suicide  ignoring  the   dying  declaration
which  was  recorded  before  the   Executive  Magistrate  soon  after   the
occurrence.  In case the dying declaration  could be  disbelieved   for  any
reason, this Court would have  thought it  just  and  appropriate  to  enter
into other   circumstantial  evidence  like    the  defence  case  that  the
deceased Shobha  committed suicide  due to  her  mental  ill-ness.   In  the
wake of dying declaration recorded primarily after  the  incident   and  the
witnesses who had arrived at the  scene of   occurrence   corroborating  the
prosecution case, we see no further need  to probe  the evidence  merely  to
accept the defence case that  the reason for the death of Shobha    was  due
to her  mental ill-ness ignoring    the  version  given  out  in  the  dying
declaration  when the deceased was conscious  and in  a fit  state  of  mind
to   get her statement recorded which finally became  a  dying   declaration
after her death.  The prosecution case being fully supported  by  the  dying
declaration which do not suffer from any blemish or infirmity  supported  by
medical  evidence  and  evidence  of  other  witnesses   corroborating   the
prosecution case, we do  not  consider  that  it  is  not  a  fit  case  for
interference.  Above all, the deceased having died  within  seven  years  of
her marriage, there is a clear  presumption  that  the  charge  against  the
appellant under Section 306 IPC stands  fully  established  apart  from  the
fact that the prosecution is supported even by the dying declaration of  the
deceased recorded before the executive magistrate.  It is thus  not  a  case
where further scrutiny of the evidence led by the  prosecution  is  required
merely to uphold the findings recorded by  the  trial  court  and  the  High
Court.  We thus find no substance in this  appeal  and  hence  the  same  is
dismissed.  The  appellant  therefore  shall  surrender  to  serve  out  the
sentence in case he is on bail.  Order accordingly.
2014 (April. Part)http://judis.nic.in/supremecourt/filename=41479
  T.S. THAKUR, GYAN SUDHA MISRA 
                                                                REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION

                      CRIMINAL APPEAL NO. 1963 OF 2011


RAVINDRA TRIMBAK PATIL                  ..Appellant

                                   Versus

STATE OF MAHARASHTRA                    ..Respondent



                               J U D G M E N T



GYAN SUDHA MISRA, J.



1.          The appellant is in appeal before us against  the   judgment  of
the High Court of Bombay, Bench at Aurangabad in Criminal Appeal No.  52  of
1998, whereby the High Court partly  allowed  the  criminal  appeal  of  the
appellant herein and his mother (accused No.2)  and  thereby  confirmed  his
conviction under Sections 306 and 498A read with Section 34  IPC  sentencing
him to RI for 3 years and 2 years respectively as awarded  by  Ld.  Sessions
Judge,  Jalgaon.   The  High  Court  in  the  said  appeal  maintained   the
conviction of accused  No.2  under  the  above  sections,  but  reduced  the
sentence to the period of imprisonment which she had already undergone  i.e.
6 months. 2.           The case of the prosecution  was  that  the  deceased
Shobha was wife of the appellant herein.  Shobha married  the  appellant  on
06.04.1992  at  Chalisgaon.   Thereafter,  she  went  to  reside  with   the
appellant, at his house.  However, eight days after the marriage, there  was
a quarrel as the mother of Shobha did not give proper respect to the  mother
of the appellant and as per custom she did not touch the feet of  mother  of
the appellant on her first  visit.   Therefore,  appellant  used  to  harass
Shobha. In spite of that, Shobha continued to live with  the  appellant  and
her in-laws.  Sometime later, appellant gave a telephonic call and told PW3-
Shivaji Marathe- father of Shobha that they  were  coming  with  Shobha  and
mediators.  At that time, the appellant and his mother said Shobha  was  not
doing household work and they wanted divorce while  Shobha  complained  that
the appellant used to beat her and he and his mother  would  ill-treat  her.
She was unable to live with the appellant and  wanted  to  reside  with  her
parents.  Thereafter, Shobha started residing with her  parents.    At  that
time, Shobha complained  that  the  appellant  and  her  mother-in-law  were
demanding golden ring, sewing machine  and  some  other  articles  and  were
harassing and beating her for  that  purpose.   Subsequently,  Shobha  filed
maintenance application in the Court. However, there was a compromise  which
was reduced writing and Shobha then went to the House of the appellant.
3.          Further, case of the prosecution is  that  2  months  later,  on
26.07.1993, due to continuous ill-treatment, when Shobha was  alone  in  the
house, she poured Kerosene oil on her person and set herself  on  fire.  Due
to her shouts, the neighbours came there.   The  appellant  and  her  family
were informed, who rushed home and  took  Shobha  in  an  injured  state  to
Municipal Hospital at Pachora,  where  statement  of  Shobha  was  recorded.
Thereafter, Shobha was taken to Civil Hospital, Jalgaon as she  had  serious
injuries.
4.          At Jalgaon,  statements  of  Shobha  were  recorded  by  Jalgaon
Police before the Executive Magistrate.  The next day, i.e. on 27.7.1993  at
about  2  p.m.,  Shobha   died  of  the  burn  injuries.   The  first  dying
declaration of Shobha was treated as an F.I.R. and the case was  registered.
 Thereafter, the appellant and his mother were chargesheeted while  brother-
in-law was sent to the Juvenile Court.
5.          At the trial, prosecution examined 11 witnesses  and  on  behalf
of defence, 2 witnesses were examined.  After considering the  evidence,  Ld
Sessions Judge passed the   order  of  conviction  and  sentence  as  stated
above.
6.          The High Court vide its judgment and  order  which  is  impugned
before us, came to the conclusion that Shobha had been subjected to  cruelty
and harassment since the beginning of her marriage.  There was no change  in
their attitude and treatment in spite of living  with  her  parents  for  78
months.  It was noted that the death of the deceased had occurred  within  7
years of marriage and ordinarily,  during  such  period,  unless  driven  to
wall, she would not have committed suicide and her  dying  declarations  and
her chit addressed to her advocate, speak volume.  Hence, High  Court  found
the judgment of the Trial Court well reasoned and hence upheld the same.
7.          Contention of the Counsel  of  the  appellant  was  that  Shobha
suffered from mental illness and was  under  treatment  of  Dr.  Joshi/DW-1,
even before her marriage as admitted by  Dr.  Joshi  in  evidence  and  this
aspect was not considered by the Courts below.
8.           However, the High Court in its  impugned  judgment   and  order
observed   that it   did not appear that the alleged mental illness  of  the
deceased had anything to do with the ill-treatment  to her so as  to   force
her ultimately to commit suicide.
9.          We have carefully  examined the judgment and order of the  trial
court  as also the  High Court which  are well-reasoned  on all aspects  and
we do not  deem it necessary to enter into the correctness of  the  same  on
the plea that the  deceased  Shobha  was  suffering   from  mental  ill-ness
which had   driven her to commit suicide  ignoring  the   dying  declaration
which  was  recorded  before  the   Executive  Magistrate  soon  after   the
occurrence.  In case the dying declaration  could be  disbelieved   for  any
reason, this Court would have  thought it  just  and  appropriate  to  enter
into other   circumstantial  evidence  like    the  defence  case  that  the
deceased Shobha  committed suicide  due to  her  mental  ill-ness.   In  the
wake of dying declaration recorded primarily after  the  incident   and  the
witnesses who had arrived at the  scene of   occurrence   corroborating  the
prosecution case, we see no further need  to probe  the evidence  merely  to
accept the defence case that  the reason for the death of Shobha    was  due
to her  mental ill-ness ignoring    the  version  given  out  in  the  dying
declaration  when the deceased was conscious  and in  a fit  state  of  mind
to   get her statement recorded which finally became  a  dying   declaration
after her death.  The prosecution case being fully supported  by  the  dying
declaration which do not suffer from any blemish or infirmity  supported  by
medical  evidence  and  evidence  of  other  witnesses   corroborating   the
prosecution case, we do  not  consider  that  it  is  not  a  fit  case  for
interference.  Above all, the deceased having died  within  seven  years  of
her marriage, there is a clear  presumption  that  the  charge  against  the
appellant under Section 306 IPC stands  fully  established  apart  from  the
fact that the prosecution is supported even by the dying declaration of  the
deceased recorded before the executive magistrate.  It is thus  not  a  case
where further scrutiny of the evidence led by the  prosecution  is  required
merely to uphold the findings recorded by  the  trial  court  and  the  High
Court.  We thus find no substance in this  appeal  and  hence  the  same  is
dismissed.  The  appellant  therefore  shall  surrender  to  serve  out  the
sentence in case he is on bail.  Order accordingly.


                                                            ………………………………….J.
                                                               (T.S. THAKUR)



                                                            ………………………………….J.
                                                          (GYAN SUDHA MISRA)

New Delhi;
April 25, 2014
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