Gorabai vs The State Of Madhya Pradesh

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1293 OF 2018

GORABAI ..... APPELLANT

VERSUS

STATE OF MADHYA PRADESH ..... RESPONDENT

WITH

CRIMINAL APPEAL NO. 859 OF 2021

JUDGMENT

SANJIV KHANNA, J.

Seventibai (since deceased) and Kalabai stand convicted for

the offences under Section 302 read with Section 147, whereas

Natwar, Hosilal and Gaurabai1 have been convicted for the offences

under Section 302 read with Section 149, and Section 147 of the

Indian Penal Code, 18602.

2. Dying declarations of the deceased, Nandabai are the cynosure to

the prosecution’s case.

Signature Not Verified

3. Tarabai (PW-1)-sister-in-law of Nandabai; Munna Lal (PW-3); Digitally signed by SONIA BHASIN Date: 2022.07.26 11:36:44 IST Reason:

Kailash (PW-5); Durga Das (PW-6)- husband of Nandabai; and

1Also referred to as “Gorabai”.

2For short, “IPC”.

Criminal Appeal No.1293 of 2018 Page 1 of 6 Tarachand (PW-16)- brother-in-law of Nandabai, have spoken and

articulated about the oral dying declaration of Nandabai, which she

made immediately after she and her three minor daughters had

suffered burn injuries at her home on 31.07.1996. These witnesses

had reached the residence where Nandabai and her three minor

daughters were staying and have testified that Nandabai, on being

questioned about the injuries, had implicated the appellants and

Seventibai as the perpetrators.

4. Learned counsel for the appellants submits that Tarabai (PW-1),

has deposed that as per Nandabai, Seventibai had poured

kerosene oil and Kalabai had set her and her daughters on fire with

a diya. However as per the testimonies of Munna Lal (PW-3),

Kailash (PW-5), Durga Das (PW-6) and Tarachand (PW-16),

Nandabai had stated that Seventibai, Kalabai, Gaurabai, Natwar,

and Hosilal surrounded them, and thereupon, Seventibai had

poured kerosene oil and set them to fire from the kerosene chimney

or oil lamp.

5. Tarabai’s (PW-1) deposition, while setting out the direct role of

Seventibai and Kalabai, it is correct has not mentioned about

Gaurabai, Natwar, and Hosilal. This is explainable because, as per

Tarabai (PW-1), Seventibai and Kalabai had poured kerosene oil

and set the fire. Tarabai (PW-1) is an innocent illiterate villager, who Criminal Appeal No.1293 of 2018 Page 2 of 6 would not be aware of the legal significance of the physical

presence of other appellants at that time. Further, this lack of

summation is not sufficient to discard a detailed and elaborate

account of the dying declaration by Nandabai, as narrated by

Munna Lal (PW-3), Kailash (PW-5), Durga Das (PW-6) and

Tarachand (PW-16). Nandabai and her three daughters were

subjected to restraint and thereupon were inflicted burns in the

presence of other appellants is born out and proven.

6. The prosecution equally relies on the dying declaration recorded in

writing by Ravi Shankar (PW-13), City Superintendent of Police,

Khandwa, marked Exhibit P-23. In the dying declaration recorded

by Ravi Shankar (PW-13), Nandabai had named Seventibai and the

appellants as the perpetrators who had caused the burn injuries by

pouring kerosene oil and setting the fire. Ravi Shanker (PW-13) has

referred to the presence of the doctor, namely, Dr Chauhan, who

was not examined, but his signatures on Exhibit P-23 have been

proved. The testimony of Ravi Shankar (PW-13) is corroborated by

Jagan (PW-15), one of the witnesses to the written dying

declaration, who was present in the hospital at that time.

Munna Lal (PW-3), Kailash (PW-5) and Durga Das (PW-6) have

deposed that Nandabai was intermittently conscious after the

incident.

Criminal Appeal No.1293 of 2018 Page 3 of 6

7. Munna Lal (PW-3) has stated that on being informed about the

incident, he went inside the house of Nandabai and saw Nandabai

and her three children lying burnt. Thereupon, he had proceeded to

speak to the Surpunch Babu Lal (PW-4), who then came to the spot.

On the statement of Surpunch Babu Lal (PW-4), the First

Information Report3 No. 444/96, marked as Exhibit P-16, was

recorded at the Police Station of Khandwa. Surpunch Babu Lal

(PW-4) was declared hostile, however, the statement made by

Surpunch Babu Lal (PW-4), which was the basis for registering the

FIR stands proven by P.S. Yadav (PW-9), Assistant Sub-Inspector,

who had recorded his statement. The FIR refers to the written dying

declaration as recorded by Ravi Shankar (PW-13).

8. There is also evidence to establish the motive. Tarabai (PW-1),

Durga Das (PW-6) and Tarachand (PW-16) have deposed that the

appellants believed that Nandabai was responsible for defaming

Gaurabai due to her suspicion that Gaurabai was having illicit

relations with her husband, Durga Das (PW-6). This was objected

to and taken as an offence by the family members of Gaurabai,

namely, her grandmother- Seventibai, her mother- Kalabai, her

father- Natwar and her uncle- Hosilal.

3For Short, “FIR”.

Criminal Appeal No.1293 of 2018 Page 4 of 6

9. Kailash (PW-5), the neighbour of the deceased, has testified that at

around 7.00 P.M., he had seen the appellants and Seventibai

outside the house of the deceased and at that time appellant Hosilal

was saying that he would kill Nandabai and ruin their family.

Thereafter, Kailash (PW-5), had proceeded to his own house to do

work. Subsequently, Kailash (PW-5) had seen the appellants

running away from the side of the house of one Shobhalal towards

the lane. On being asked why the appellants were running, the

appellants did not say anything. Kailash (PW-5) had proceeded to

the house of the deceased, and saw Tarabai (PW-1) and Manohar

(PW-2) extinguishing the fire. He also saw a kerosene chimney or

oil lamp inside the house of the deceased.

10. Baldev Singh Thakur (PW-17), who was posted as the City

Inspector at the Police Station, Khandwa, had seized burnt hair,

cloth, matchbox, and other articles vide Seizure Memo Exhibit P-25

from the house. He had also seized the ration card vide Exhibit P-

10 as per which five litres of kerosene oil were purchased on

22.07.1996.

11. The homicidal death of Nandabai and her three minor daughters is

established from the testimonies of Dr Shashi Kant (PW-7), Dr A.K.

Shukla (PW-10), Dr Avtar Singh (PW-11), and Dr Sanjay Srivastava

Criminal Appeal No.1293 of 2018 Page 5 of 6 (PW-12), who had proved the post-mortem reports of Nandabai and

her three minor daughters, marked Exhibits P-12, P-18, P-20 and

P-22. The cause of death of Nandabai and her daughters is

attributed to shock resulting from extensive burn injuries which were

antemortem.

12. In our view, in the present case, the dying declarations are fully

corroborated by the evidence on record. The alleged discrepancies

as contended by the learned counsel for the appellants are minor

in nature and do not, in any way, dent the court testimony of the

witnesses on the oral and the recorded dying declaration of

Nandabai.

13. In view of the aforesaid discussion, we do not have any hesitation

in upholding the conviction of the appellants and the sentence

awarded to them. Accordingly, the present appeals are dismissed.

......................................J. (SANJIV KHANNA)

......................................J. (BELA M. TRIVEDI)

NEW DELHI;

JULY 20, 2022.

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