LexSMT. PANIBEN versus STATE OF GUJARAT
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SMT. PANIBEN A v. STATE OF GUJARAT MARCH 13, 1992 [S. MOHAN AND G.N. RAY, JJ.] B Indian Penal Code 1860: Section 302-Bride burning-Conviction and sentence-Duty of Court. r-- ~ c Section 32--Dying declaration-When can fonn sole basis of convic- tion-Plurality of dying declaration-Have to be accepted when trustworthy ~ and reliable. Penology Sentencin[5-l3n"de burning-Language ·of deterence to speak. D The appellant in the appeal was convicted under Section 302 of the Indian Penal Code, and sentenced to life imprisonment by the High Court reversing the acquittal of the Trial Court. The Prosecution alleged that the deceased was married to the son of E the accused in the year 1972, and that there were frequent quarrels between the appellant-mother-in-law and the deceased- daughter-in-law. On one occasion, on account of a quarrel the daughter-in-law went away to her parents' house and on the assurance of her father-in-law that nothing would go wrong, the deceased was sent to the house of the accused. The F accused, the deceased and her husband were all living in the same house • ... Even after the return, there used to be quarrels between the accused and _>., the deceased. The accused developed a profound dislike for the deceased. On the night of 7th May, 1977, at about midnight, the deceased was G sleeping all alone in the 'osri' of the House. The accused went there, poured kerosene on her person, and as the deceased got up, the accused lit the fire and left the 'osri'. The deceased shouted for help and hearing her )-.. shouts, her husband and other collected there and the fire was e:xtin- guished. She was removed to the hospital in the cart. In ihe cart, she told some witnesses that ht>r mother-in-law had burnt her. Later on, she was H 197 198 SUPREME COURT REPORTS (1992] 2 S.C.R: A taken to the Government hospital in a taxi in a burnt condition. The police constable on duty informed the Taluka police station and the .Head Con- stable made an entry in tlie police station diary, and another Head Con- stable went to the hospital and recorded the statement of the deceased in the early hours. In that statement, she stated that her mother-in-law had B c burnt her. The Head Constable wrote a 'yadi' for a dying declaration to the Executive Magistrate who reached the hospital at about 7.00 A.M. on 18.5.1977, and recorded the dying declaration Ex.29. In this declaration also, the deceased stated that she was burnt by the accused. The Police Sub-Inspector who took up the investigations, went to the scene of oc- curence, made the panchnama of the scene of occurrence and recorded the statement of witnesses. He also recorded a statement of the deceased on 19.5.1977. In that also, the deceased stated that she was burnt by her . mother-in-law. The Sub-Inspector arrested the accused on 18.5.1977. The deceased succumbed to the injuries on 20.5.1977. On completing the neces- sary investigations, the accused was charge-sheeted and committed before D the Sessions Judge. The Sessions Judge came to the conclusion that the deceased might have committed suicide, that it was also probable that someone else might have burnt her alive, because she had a grievance against her mother-in- law she implicated her in the dying declaration. The dying declarations, E hence could not be accepted having regard to this inherent infirmity. On these findings it was held that the prosecution had failed to prove that the deceased was burnt alive by the accused, and the accused was acquitted. The State appealed to the High Court, and a Division Bench con- F sidered the circumstances under which the dying declarations were recorded. It found that the dying declaration Ex. 24 clearly showed as to how the occurrence had taken place. The second dying declaration Ex. 29 was recorded in a question and answer form that there was no scope for tutoring the deceased for giving any statement which would involve the accused, and that at that time, the deceased was all right and she was in G a position to give the dying declaration. The third dying declaration was made to the deceased's father who was a truthful witness and clearly establishes that there was no scope of parents tutoring the deceased in any way. The findings of the Trial Court it was held could not be accepted with _ reference to the various aspects like enmity between the mother-in-law and -~ H ... .the.::<le~eased, the failure of
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