Criminal Appeal No. 104 of 1992. Case: Dilip s/o Mulchand Borkar Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 104 of 1992 |
| Counsel | For Appellant: M. R. Daga, Adv. and For Respondents: D. B. Yengal, APP. |
| Judges | M. B. Ghodeswar, J. and S. P. Kulkarni, J. |
| Issue | Indian Penal Code (45 of 1860) - Section 300 |
| Citation | 1996 CriLJ 1911 |
| Judgement Date | January 22, 1996 |
| Court | High Court of Bombay (India) |
Judgment:
M. B. Ghodeswar, J.
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This appeal is directed against the judgement and order dated 17-3-1992 passed by 2nd Additional Sessions Judge, Bhandara, in Sessions Trial No. 95 of 1990 convicting the appellant for the offence punishable under S. 302 of IPC for causing murder of his wife Rekha.
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The incident in this case took place on 26-8-1990 at about 11-30 a.m. in the house of appellant in Ram Mandir Ward, Bhandara. It is the allegation of the prosecution that Rekha and appellant married on 16-9-1989. It was a love marriage and as the appellant did not receive any dowry, from the parents of Rekha, the appellant used to ill-treat Rekha. The appellant and the deceased were residing in rented premises of PW 3 Madhusudan and appellant by pouring kerosene on the person of Rekha, set her ablaze. She sustained 100 % burns. The appellant/accused also sustained 20% burns. Immediately the victim Rekha and appellant were taken to the General Hospital, Bhandara where Dr. Manohar Mulkalwar (PW. 8) admitted victim Rekha at about 12-10 p.m. in the Hospital. He gave intimation to police vide him memo Exh. 42. The Executive Magistrate PW 2 Laxmanrao Thakre received the memo of Police Exh. 33 for recording the dying declaration and also a certificate issued by the doctor that Rekha was fit and conscious to give the dying declaration. He went to General Hospital at about 235 p.m. and recorded the dying declaration of Rekha. On the basis of the dying declaration, the offence under S. 307 of IPC was registered. Rekha succumbed to her injuries at about 5 p.m. on the same day. The appellant was also hospitalised as he received 20 % burns.
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The prosecution has examined in all 10 witnesses. P.W. 4 Ramchandra and PW. 9 Mandakini are father and sister of deceased Rekha respectively. PW. 2 Laxmanrao Thakre is the Executive Magistrate. PW. 1 Dr. Vijaykumar Wasnik has performed the post mortem examination. It is not in dispute that Rekha died due to burn injuries. The learned trial Judge believed the evidence of prosecution, relied on the dying declaration of Rekha Exh. 34 and the evidence of PW 9 Mandakini about oral dying declaration of Rekha when she has visited Rekha, in the Hospital and recorded finding of conviction.
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The learned counsel for the appellant has submitted that prosecution has not satisfactorily explained that Rekha died of homicidal death and that the possibility of an accidental death of Rekha cannot be ruled out. He further submitted...
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