LexJOSE S/O EDASSERY THOMAS versus STATE OF KERALA
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A B [2013) 5 S.C.R. 1154 JOSE S/O EDASSERY THOMAS V. STATE OF KERALA (Criminal Appeal No. 234 of 2010) MAY 22, 2013 [DR. B.S. CHAUHAN AND DIPAK MISRA, JJ.] Penal Code, 1860 - s.302 - Murder of wife - By setting her on fire, while she was sleeping - Circumstantial evidence C - Conviction by courts below - Held: The cumulative effect of the evidence viz., the conduct of the accused, dying declaration and the motive proves the guilt of the accused - The chain of circumstances exclusively leads towards the accused and none else - Conviction upheld. D Dying declaration - Acceptance of - Plea that in view of 92% burn injuries, dying declaration of deceased not acceptable - Held: There is no thumb rule that a person sustaining a particular percentage of bum injuries would not E be in a position to give dying declaration - In the instant case, evidence proves that the deceased was in a fit state of mind while making dying declaration, hence the declaration is acceptable. The appellant-accused was prosecuted for murder of F his wife and attempt to murder his grandchild. The prosecution case was that the deceased being 52 years of age, was not capable of satisfying the lust of the accused and that he also suspected his wife having illicit relations with their son-in-law. The accused killed his wife G by pouring petrol on her, while she was sleeping. She gave dying declaration to the doctor, who was attending her, implicating the accused. Trial court convicted the accused u/s 302 and 307 IPC and awarded life imprisonment. High Court confirmed the conviction and H 1154 dOSE. S/O EDASSERY THOMAS v. STATE OF 1155 - KERA LA sentence uls 302 IPC. However, he was acquitted u/s 307 A ~P_C.--Hence,-ihe present appeal. Dismissing the apj)eCll, the Court HELD: 1. The cumulative effect of the evidence clearly proves the gui~t of the accused and the chain of B circumstances exclusively leads towards him and none else. [Para 14] [1164-H; 1165-A] 2. The evidence on record indicate that the deceased was conscious and h~nce, her dying declaration is C acceptable which would reveal the cruel treatment meted out by the husband to the wife, the suspicion harboured by him and the threats given. True it is, she had stated that she had suspected that her husband might have set her ablaze but to prove the said aspect, there are numerous circumstances which the trial court as well as D the High Court have taken into consideration. On a perusal of the evidence on record, it is manifest that PW- 1 (the doctor) clearly stated that he had recorded the dying declaration. It has come out in the evidence that the deceased was conscious and her mind was well- E oriented. Other witnesses have also deposed that she was in a fit state of mind. The medical report produced by the hospital also reflects that she was conscious and oriented. She was given a pain killer injection. That apart, there cannot be any thumb rule that a person sustaining F a partk:ular percentage of burn injuries would not be in a position to give any declaration. [Paras 11 and 12] [1162-F-H; 1163-A, G-H; 1164-A-B] Laxman vs. State of Maharashtra (2002) 6 SCC 710 - G followed. Babu Lal and Ors. vs. State of Madhya Pradesh AIR 2004 SC 846:2003 (5) Suppl. SCR 54; State of Madhya Pradesh v. Dal Singhand Ors. 2013 (7) SCALE 513 - relied on. H 1156 SUPREME COURT REPORTS [2013) 5 S.C.R. A 3. The circumstances which lead singularly to the guilt of the accused are that the accused was sleeping in the bed room and it was a small house; that the bed room was not having any shutters; that PW-3 (the daughter of the deceased and accused) woke up on B hearing the cries of the deceased; that the accused had purchased petrol from the petrol pump belonging to PW- 5 in a bottle; that Ext. P-15, Chemical Analysis Report, has clearly mentioned that kerosene was not detected in any of the material objects sent for chemical analysis; that the c accused was seen running away from the house by PW- 3 and PW-7; that it has been clearly deposed by PW-3 that the accused used to demand that mother should sleep with him, but she could not oblige him; and that he had threatened to kill her. The elder daughter has deposed 0 that the father was doubting the husband of PW-3 to have illicit relationship with the mother. PW3had also deposed that the deceased was 52 years of age and was infirm and not in a position to cater to the
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