GANESHLAL versus STATE OF MAHARASHTRA

Citation: [1992] 2 S.C.R. 502 · Decided: 10-04-1992 · Supreme Court of India · Bench: N.M. KASLIWAL · Disposal: Dismissed

Judgment (excerpt)

A 
GANESHLAL 
.. !I-
v. 
STATE OF MAHARASHTRA 
·-
APRIL 10, 1992 
B 
[N.M. KASLIWAL AND K. RAMASWAMY, JJ.] 
A.. 
Indian Penal Code, 1860: 
Sections 34, 201, 203 and 302-lJeath of wife due to sev,ere bums-Hus-
---
c band pleading innocence-Claiming it to be suicide--Circumstantial evidence 
-"'1 
complete and consistent that husband and his family members committed the 
offence-Conduct of accused-Unnatural, indifferent and hard-hearted-All 
accused acquitted by trial court-High Court reversing and convicting the 
• 
husband alone-Conviction and sentenc~Validity ·of. 
D 
Criminal Procedure Code, 1973: 
Section 313-Death caused while in custody of accused-Plausible 
6explanation for cause of death-Need to be given in the statement. 
E 
Section 161: 
Criminal trial-Delay in recording statement of witness-Whether and 
... 
in what circumstances renders the evidence doubtful-Need for scanning the 
evidence carefully. 
...._
F 
At the residence of the appellant, his wife was found dead with severe 
burns. The appellant, his parents, sister, maternal uncle and the uncle's 
daughter were charged with the offence of murder and tried under section 
302 read with section 34 and sections 201 and 203 read with section 34 IPC, 
) 
though initially the case was registered under section 306 read with section 
G 34 IPC. 
The Trial Court acquitted all the accused. On appeal the High Court 
convicted the appellant alone under sections 302 and 201 IPC and sen-
tenced him to undergo rigorous imprisonment for life and three years 
,-· 
imprisonment respectively, against which the appellant has preferred the 
H present appeal. 
502 
~ 
• 
IM> 
~. 
GANESHLAL v. STATE 
503 
On behalf of the appellant, it was contended that it was a case of A 
suicide as no kerosene was found in the house except in the room where 
the death occurred; that the door to the room from stairs was not closed 
from outside and in case of murder, the deceased could have run away 
from tbe room opening the latch; that the deceased was determined to 
commit suicide for humiliation caused to her on account of her not being B 
allowed to go to the house of her sister; and that there were no signs of 
.external injuries. It was also contended that since the prosecution all 
through proceeded on the assumption that the appellant abetted suicide, 
suddenly it could not be said to be a case or murder. 
It was also contended that since all the other accused have been c 
acquitted, the appellant could not be convicted under section 302 IPC • 
Dismissing the appeal, this Court, 
HELD : 1. There is no evidence or even suggestion that the deceased D 
had any tendency to commit suicide or affected with any psychosis for 
committing suicide. It is also dear from the evidence that the door was 
not bolud from inside. Unless the doors from outside were closed and 
made the victim alone remain in the room, the smoke would not have 
confined to the room. There is no evidence of any struggle by her as there E 
was no injuries to her ha.ck or feet or rubbing the ground. Kerosene tin 
was found and there were no signs of kerosence sprinkled in the room. The 
instinct of self preservation at the height of agony must lead in an attempt 
to put out the flames at least with hands. Wbile the deceased was drying 
the clothes, her palms were wet, somebody must ha't·e come from behind, 
caught bold of her palms and another her legs, and she was made uncon-
F 
sciQus. The means used to make her unconscious is not available either 
from medical evidence or circumstances. She was made to lie down in a 
supine position on the ground. Thereafter, kerosene appears to have ~n 
poured from the tin brought by someone and set her on fire. It is indis-
potable that kerosene smell was found . in the room and she died due to G 
burns. The walls and ceiling became blackish which would clearly show 
that a large quantity or kerosene was poured on her after she became 
unconscious due to which her clothes were soaked of kerosene. The wit-
nesses have also seen from outside for about 10 to 20 minutes that smoke 
was coming form the room. These circumstances clearly establish that the 
death was not due to suicide, but one of homicidal. [S08G, H; S09A-EJ 
"H 
A 
B 
504 
SUPREME COURT REPORTS 
(19921 2 S.C.R. 
2. The normal ordinary human conduct would· be that when one of 
their inmates was in names, they would have made every endeavour to save 
her life, if it were a case of suicide, and call the people to come to

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