Natha Shankar Mahajan vs State Of Maharashtra

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 970 of 2006

NATHA SHANKAR MAHAJAN ...APPELLANT

VERSUS

STATE OF MAHARASHTRA ...RESPONDENT

J U D G M E N T

SIRPURKAR,J.

1. This appeal is against the concurrent judgments of

the Sessions Court as also the High Court whereby the

accused stands convicted for the offence punishable under

Section 302 IPC on the allegation that he committed the

murder of his wife Sakhubai by pouring kerosene on her

person and setting her ablaze.

2. As per the prosecution case, the relations between

the accused and his wife were not cordial inasmuch as the

husband suspected the chastity of his wife and believed

that she had illicit relations with one Babulal Parsharam

Mahajan. It is alleged that on the fateful day i.e.

19.3.1985, the accused thrashed the deceased whole night

and ultimately, in the morning, he set her ablaze. Her

screams were heard by her neighbour PW2 Bhagwan Mali who

came and sent a information to her father Babu Lal Daga

Mahajan that the deceased was burnt. It is the father

who had taken the deceased to the hospital. After

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reaching the hospital, she was treated by PW5 Dr. Dagadu

Pawar who also arranged for recording her dying

declaration. It is the prosecution case that her dying

declaration was recorded by PW3 Bhalerao Bhimsing Salunke,

an Executive Magistrate. PW5 Dr. Dagadu Pawar also made an

endorsement on the dying declaration that the deceased

was conscious and was in a position to give a statement.

Both the courts below have relied on the dying declaration.

3. Mr. Ranjan Mukherjee, learned counsel appearing for

the accused argued that the sole basis of the conviction in

this case is the aforesaid dying declaration and,

therefore, if there is any suspicion about this dying

declaration, the benefit must go to the accused. That is a

correct proposition of law. However, it is also the

settled position that where the dying declaration is

believable, credit worthy and appeals to the court, the

same can be made the sole basis of the conviction. That

appears to be the case here.

4. We have gone through the dying declaration

ourselves and also seen the evidence of PWs 3 and 5 whose

evidence was not shaken in the cross-examination at all.

PW5 Dr. Dagadu Pawar has very categorically said in his

evidence that the deceased was in a position to understand

herself and was in a position to give statement.

Therefore, even if the doctor says that he was not

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attentive as to what exactly was told to the PW3, would

not matter particularly in view of statement of PW3 who

recorded the dying declaration of the deceased that he

recorded the same as per the version of the deceased. In

the dying declaration, the deceased had clearly alleged

that she was beaten by her husband on account of the

suspicion that he had about her chastity and ultimately, he

poured kerosene over her body and set her ablaze. She has

also given the name of the person with whom she was

allegedly in tow.

5. There is one more circumstance which has not been

adverted to, i.e., the oral dying declaration made by the

deceased to her father. As soon as, he reached the house of

the deceased, he asked her as to how she was burnt. There

is no cross-examination of this witness on this point who

was examined as PW6.

6. Under the circumstances, we feel that both the

courts below have committed no error in relying upon the

dying declaration and convicting the accused. Therefore,

this appeal fails and is dismissed.

......................J.

[ V.S. SIRPURKAR ]

......................J.

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[ T.S. THAKUR ]

NEW DELHI

APRIL 28, 2011.