SAMPAT BABSO KALE & ANR. versus THE STATE OF MAHARASHTRA

Citation: [2019] 5 S.C.R. 904 · Decided: 09-04-2019 · Supreme Court of India · Bench: S.A. BOBDE · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2019]  5 S.C.R.
[2019] 5 S.C.R. 904
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SAMPAT BABSO KALE & ANR.
v.
THE STATE OF MAHARASHTRA
(Criminal Appeal Nos. 694–695 of  2011)
APRIL 09, 2019
[S.A. BOBDE AND DEEPAK GUPTA, JJ.]
Penal Code, 1860:
ss. 302/498A r/w. s. 34 – Murder by husband and his sister –
By setting his wife on fire – 98% burn injuries– Dying declarations
made to the attending doctor as well as to the Judicial Magistrate –
Defence plea that the deceased committed suicide – Trial Court
acquitted the accused giving them benefit of doubt – High Court
relying on the dying declarations convicted the accused – On appeal,
held: If the dying declaration is truthful, voluntary and not a result
of any extraneous influence, court can convict on the basis of such
dying declaration – However, in view of the health condition of the
deceased, the dying declaration needs corroboration – Failure to
examine important witnesses leads to non-corroboration of dying
declaration – The defence version of suicide also cannot be ruled
out in the facts of the case – Trial Court rightly acquitted the accused
holding that prosecution failed to prove its case beyond reasonable
doubt – On acquittal of the accused by trial court the presumption
of innocence got strengthened, and hence High Court should not
have lightly interfered with the decision of trial court – Evidence –
Dying Declaration – Appeal – Appeal against Acquittal.
Allowing the appeals, the Court
HELD : 1. The presumption of innocence which is attached
to every accused person gets strengthened when such an accused
is acquitted by the trial court and the High Court should not lightly
interfere with the decision of the trial court which has recorded
the evidence and observed the demeanour of witnesses.
[Para 7][909-A-B]
Chandrappa & Ors. v. State of Karnataka (2007) 4
SCC 415 : [2007] 2 SCR 630 –  relied on.
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2.1  No doubt, a dying declaration is an extremely important
piece of evidence and where the Court is satisfied that the dying
declaration is truthful, voluntary and not a result of any extraneous
influence, the Court can convict the accused only on the basis of
a dying declaration. [Para 14][912-C-D]
Sham Shankar Kankaria v. State of Maharashtra
(2006) 13 SCC 165 : [2006] 5 Suppl. SCR 709
– relied on.
2.2 In a case of the present nature where the victim had
98% burns and the doctor has stated from the record that a
painkiller was injected and the dying declaration had been
recorded thereafter, there is a serious doubt whether the victim
was in a fit state of mind to make the statement.  She must have
been in great agony and once a sedative had been injected, the
possibility of her being in a state of delusion cannot be completely
ruled out.  It would also be pertinent to mention that the
endorsement made by the doctor that the victim was in a fit state
of mind to make the statement has been made not before the
statement but after the statement was recorded.  Normally it
should be the other way round. The combined effect of the trauma
with the administration of painkillers could lead to a case of
possible delusion, and therefore, there is a need to look for
corroborative 
evidence 
in 
the 
present 
case.
[Paras 13 and 15][912-A-C; 913-B]
3. The defence version that the deceased was not willing
to go to the village to look after her in-laws and, therefore, she
committed suicide, cannot be brushed aside. There are two factors
which cast a grave doubt with regard to the prosecution story.  It
is the admitted case that the house in which the victim was residing
with her husband consists of one room with a kitchen.  It stands
proved that the fire took place in the kitchen and not in the
bedroom.  The panchanama report indicates that the ornaments
i.e. mangalsutra, a nathni (nose ring), some glass bangles and
peinjan (an ornament worn on the foot) were kept below a pillow
on the cot in the room. It is also recorded that, according to the
accused, these ornaments belong to his wife.  Mangalsutra, peinjan
and even glass bangles are such ornaments which an Indian
SAMPAT BABSO KALE & ANR. v. STATE OF
MAHARASHTRA
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[2019]  5 S.C.R.
married woman would normally not remove. Therefore, the
defence version that the deceased took off all these ornaments
and then went to the kitchen and committed suicide cannot be
totally ruled out.  [Paras 16, 17 and 18][913-C-E; 914-B-C]
4. None of the witnesses from the neighbourhood have

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