LexSAYARABANO@ SULTANABEGUM versus STATE OF MAHARASHTRA
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A SAY ARABANO@ SULTANABEGUM v. STA TE OF MAHARASHTRA FEBRUARY 8, 2007 B [C.K. THAKKER AND LOKESHWAR SINGH PANT A, JJ.] Penal Code, 1860; ss. 302 and 307: Torturing of wife by her husband and mother-in-law-Mother-in-law C allegedly burnt her daughter-in-law by throwing burning lamp on her-She suffered from burn injuries-Recording of dying declarations, one under the influence of mother-in-law and another in her absence-Trial Court found accused/mother-in-law guilty of committing the crime punishable u/s. 302 !PC and sentenced her accordingly-Affirmed by High Court-On appeal, D Held: Courts below, on consideration of both dying declarations, came to hold second dying declaration true and inspiring confidence, having disclosed true facts so far as incident is concerned-Ill-treatment towards deceased clearly established and proved in the light of evidence of parents of the deceased, medical officer and Magistrate-Under such circumstances, it cannot be said that Courts below committed any error. E According to the prosecution, deceased, daughter of PW 2 was being ill-treated by her mother-in-law and at her instance, also by her husband who used to beat her. When the deceased disclosed the fact about such harassment to her parents, her mother, PW3, took her along with her. However, brother F of deceased had brought the deceased back to her husband's place. On the fateful day, mother-in-law of the deceased started a quarrel with her. She allegedly poured kerosene oil from the lamp on her, due to which she caught fire and suffered burn injuries. Her brother-in-law put out the fire by pouring water. In the meantime, her husband had also come and the deceased was taken to a hospital. Hospital record indicated that she was brought to the hospital G with burn injuries on her body. Special Judicial Magistrate, PWS, was called by the police and dying declaration of the deceased was recorded by him. According to the dying declaration, she caught fire accidentally when came into contact with the lamp and absolved all the inmates of her husband's family of any wrong-doing. On the next day, however, Special Judicial Magistrate, H 354 + ).... SA YARABANO@SULTANABEGUM v. STATE OF MAHARASHTRA 355 ""I, was again called up for the purpose of recording dying declaration of deceased A second time. In the said dying declaration, she stated that her mother-in-law had sprinkled kerosene oil on her and set her on fire with the result she suffered burn injuries and also stated about her torturing by her mother-in- law, and at her instance, by her husband. Later, she succumbed to the burn injuries. On the basis of the second dying declaration recorded by the Special B Judicial Magistrate, a case was registered against the mother-in-law of the deceased. Initially, the case was registered for an offence punishable under Section 307 IPC but after her death, it was converted into an offence "" punishable under Section 302 IPC and mother-in-law of the deceased was arrested. The matter was committed to the Court of Sessions and charges were framed against the accused under Section 302 IPC. c The Trial Court observed that it was true that in the first dying declaration the deceased did not involve her mother-in-law, but it was because of the fact that she was asked by her mother-in-law not to implicate any member of the family of her in-laws. The Trial Court noted that after recording of the first dying declaration, the parents and inmates of deceased had reached the D hospital. The deceased could get courage to state true facts and again the ~ Special Judicial Magistrate was called and the second dying dec'laration was ~ recorded in which she disclosed true and correct facts. The Trial Court held the conduct of deceased as natural and the second dying declaration reliable which could be treated as basis for holding the appellant guilty for committing E the offence punishable under Section 302 IPC and sentenced her accordingly. Appeal preferred against the order of the Trial Court was dismissed by the High Court Hence the present appeal. Accused-appellant contended that both the Courts below have committed an error of law in relying upon the second dying declaration; that the first F dying declaration was correct and the deceased had stated true facts in the said declaration; that after parents of the deceased had come to the hospital, they persuaded the deceased to involve and im
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