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
-----------------------
3
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
-----------------------
3
