LexNAVAL KISHORE versus STATE OF MAHARASHTRA
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A B c [2015] 2 S.C.R. 1012 NAVAL KISHORE v. STATE OF MAHARASHTRA (Criminal Appeal No.2246 of 2011) MARCH 17, 2015 [T.S. THAKUR AND PRAFULLA C. PANT, JJ.] Penal Code, 1860 - ss.498A, 302, 201 - Conviction and sentence under - Prosecution case that wife harassed and subject to cruelty by her husband and in-laws - Death of wife by burn injuries - Conviction and sentence of 0 husband u/ss. 498A, 302 and 201 by courts below - On appeal, held: It is clear from the medical evidence that attempt to burn the body was made in order to cause disappearance of evidence of murder - There is trustworthy evidence of brother of deceased as also her neighbours that E she was subjected to physical cruelty- In view thereof there is little force in the submission of the husband that wife committed suicide and left a chit-suicide note, which was not proved - Further the submission that the Investigating Officer made no effort to obtain handwriting expert report F relating to seized chit and that no explanation was given by the prosecution as to why ante mortem injuries (other than bum injuries) were not mentioned in the inquest report not material nor fatal to the prosecution case - Thus, there is no illegality in the order .of conviction and sentence of G the husband by the courts below. H State of West Bengal v Mir Mohammad Omar and Others (2000) 8 SCC 382 - referred to. 1012 NAVAL KISHORE v. STATE OF MAHARASHTRA 1013 Case Law Reference A (2000) 8 sec 382 referred to. Para 17 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2246 of 2011. From the Judgment and Order dated 05.03.2010 of the High Court of Judicature at Bombay at Nagpur Bench in Criminal Appeal No. 518 of 2004. Dharmendra Kumar Sinha for the Appellant. Aniruddha P. Mayee, Shankar Chillarge, Charudatta Mahindrakar, A. Selvin Raja for the Respondent. The Judgment of the Court was delivered by B c D PRAFULLA C. PANT, J. 1. This appeal is directed against judgment and order dated 5.3.2010, passed by the High Court of Judicature at Bombay, Nagpur Bench, in Criminal Appeal No. 518 of 2004 whereby said appeal, filed by the appellant Naval Kishore, was dismissed, and E conviction and sentence recorded against him under Sections 498A, 302 and 201 of Indian Penal Code (IPC), by Additional Sessions Judge, Khampur in Sessions Case No. 75 of 1999, stood affirmed. 2. We have heard learned counsel for the parties at length and perused the record. F 3. Prosecution story in brief is that appellant Naval Kishore got married to Jyoti (deceased) on 27.6.1992. After G marriage she was harassed and subjected to cruelty by her husband and in-laws. On 15.7.1997, she was driven out of her matrimonial house with her two children, born from the wedlock, with regard to which a report was lodged with Police Station Ramdas Peth in Akola. While the proceedings H 1014 SUPREME COURT REPORTS (2015] 2 S.C.R. A relating to said case were pending, the appellant went to parental house of Jyoti, and promised her and other relatives that he would not repeat the conduct. As such, the parents and brothers of Jyoti allowed her to go back to her matrimonial house on 24.11.1997. It appears that the B appellant again started beating his wife and continued to ill-treat her. On 23.4.1999, a telephonic information was received in the parental house of Jyoti that she has died due to burn injuries in Nandura, the place where the deceased was living with her husband. On the very day C (23.4.1999) a First Information Report (Ex. 69) was lodged at Police Station Nandura by PW-1, Suresh Jain (brother of the deceased). On the basis of said report Crime No. 61 of 1999 was registered in respect of offences punishable 0 under Sections 306, 498A read with Section 34 IPC against the appellant, his brother Vinod Kumar, mother Krishnabai and maternal uncle lshwar Bhagchand Jain. Meanwhile, the appellant also gave a report regarding death of his wife due to burn injuries at the police station with a story that E she committed suicide by setting herself on fire. Said report was recorded by the police as A.O. No. 16 of 1999. 4. Investigation was taken up by PW-8 Sub-Inspector M.R. Thakare, who rushed to the spot with the police party. F Dead body of Jyoti in a burned condition was taken into possession by the police, and the same was sealed. Inquest Report (Ex. 73) was prepared and the body was sent for post mortem examination. PW-6
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