ASHABAI & ANR. versus STATE OF MAHARASHTRA

Citation: [2013] 1 S.C.R. 115 · Decided: 04-01-2013 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Dismissed

Cited by 6 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

(2013] 1 S.C.R. 115 
ASHABAI & ANR. 
v. 
STATE OF MAHARASHTRA 
(Criminal Appeal No. 1062 of 2008) 
JANUARY 4, 2013 
[P. SATHASIVAM AND RANJAN GOGOi, JJ.] 
PENAL CODE 1860: 
A 
B 
ss. 302134 and 498-A/34 - Death of a married woman c 
caused by bum injuries - Dying declaration and oral evidence 
establishing ill-treatment to deceased and role of accused 
persons in causing her death - Medical evidence and oral 
eviderice supporting prosecution version - Conviction of 
mother-in-law (who died during pendency of appeal before 0 
Supreme Court) and two sisters-in-laws (appellants) of 
deceased and sentence of life imprisonment - Affirmed by 
High Court - Held: There is no infirmity in the order of 
conviction and sentence recorded by trial court and affirmed 
by High Court - Evidence Act, 1872 - s.32 - Sentence! E 
Sentencing. 
EVIDENCE ACT, 1872: 
s. 32(1) - Multiple dying declarations - Held: When there 
are multiple dying declarations, each one has to be assessed- - F 
and evaluated independently on its own merit as to its 
evidentiary value and one cannot be rejected because of 
certain variation in the other- In the instant case, prosecution 
relied on four dying declarations of the deceased - At the time 
of recording of these statements, medical officers on duty had 
G 
certified that the deceased was fully conscious and was in a 
fit state of mind to make the same - Though, in one of the 
statement, the deceased implicated two more persons (who 
were acquitted by trial court) she was consistent about the role 
115 
H 
116 
SUPREME COURT REPORTS 
[2013) 1 S.C.R. 
A played by her mother-in-law and sisters-in-law (appellants) -
The Court fully endorses the view expressed by trial court and 
affirmed by High Court about acceptability of four dying 
declarations implicating the appellants. 
B 
CRIME AGAINST WOMEN: 
Punishment - Held: In the cases of bride burning, cruelty, 
suicide, sexual harassment, rape, suicide by married women 
etc. a complete overhaul of the system is a must in the form 
of deterrent punishment for the offenders - Sentence/ 
C Sentencing - Punishment. 
Consequent upon the death of a woman by burn 
injuries received by her in her matrimonial home, her two 
sisters-in-law (A-2 and A-3, the appellants) the mother-in-
D law (A-1) and two others faced trial. The case of the 
prosecution was that the deceased was ill-treated by A· 
1, A-2 and A-3 as she could not conceive a child; that on 
the date of occurrence, on the instigation of A-2 and A-3, 
A-1 poured kerosene on her and set her on fire. Four 
E dying declarations were recorded of the victim on the day 
of incident and the following day. The victim succumbed 
to her injuries after 1% months of the incident. The trial 
court convicted A-1, A-2 and A-3 u/ss 498-A/34 and 302/ 
34 IPC and sentenced them to one year's imprisonment 
u/s 498-A/34 IPC and imprisonment for life u/s 302134 IPC. 
F The High Court affirmed the conviction and the sentence. 
G 
A-2 and A-3 filed Crl. A. No. 1062 of 2008 whereas A-1 
filed Crl. A. No. 1063 of 2008. A-1 died during the 
pendency of the appeal and her appeal was dismissed 
as abated. 
It was contended for the appellants that there were 
four dying declarations in the instant case and there were 
contradictions and improvements which were not 
mentioned in the first two dying declarations, and as the 
H version of the incident given in all the four dying 
ASHABAI & ANR. v. STATE OF MAHARASHTRA 
117 
declaration was inconsistent, no reliance could be placed 
A 
on them. 
Dismissing the appeal, the Court. 
HELD: 1.1. The statement made by the deceased by 
way of a declaration is admissible in evidence u/s 32(1) 
8 
of the Evidence Act. It is not in dispute that her statement 
relates to the cause of her death. In that event, it qualifies 
the criteria mentioned in s. 32(1) of the Evidence ·Act. 
There is no particular form or procedure prescribed for 
recording a dying declaration nor is it required to be 
C 
recorded-only by a Magistrate. As a general rule, it is 
advisable to get the evidence of the .:cteclarant certified 
from a doctor. In appropriate cases, the satisfaction of the 
person ·recording the statement reg_arding the state of 
mind of the deceased would also be sufficient to hold that· D 
the deceased was in a position to make a statement. [para 
12] [126-G-H; 127-A-B] 
1.2. It is settled law that if the prosecution solely 
depends on the dying declaration, the normal rule is that 
E 
the courts mus

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