Sayarabano @ Sultanabegum vs State Of Maharashtra

The prosecution case against the appellant was that Halimabi, daughter of PW 2Shaikh Bademiyan, resident of Mandula, Taluka Georai was married to one Shaikh Latif of Beed one year prior to the incident which took place on August 13, 1998. After the marriage, the deceased Halimabi came to reside at her matrimonial home situated at Mominpura of village Beed. She was residing in the said house with her husband Shaikh Latif, the appellant-accused Sayarabanoher mother-in- law, Shaikh Rafiqher father-in-law, Shaikh Shakilher younger brother-in-law and his wife Taslim. According to the prosecution case, the deceased Halimabi was being ill-treated by her mother-in-law- appellant herein. At the instance of the appellant, husband of the deceased Halimabi used to beat her. About a month prior to the incident, the accused had beaten the deceased on two occasions, once with a stick and again with a steel instrument. The deceased disclosed the fact about the said beating to her parents as well as her uncle. Resultantly, PW3Bismillahbi mother of the deceased Halimabi had come to Beed and had taken deceased to her house at Mandula. About eight days prior to the incident, the brother of deceased Halimabi had again brought the deceased back to her husband's place and had returned to the village. On August 13, 1998, the appellant-accused started a quarrel with the deceased Halimabi and abused her over the fact that she had not got up early in the morning for Namaz. At that time, the deceased Halimabi was standing at a place where a burning lamp was hung on the nail in the wall. The husband as well as father-in- law of the deceased had gone to the Masjid for Namaz. In the house, apart from the deceased and the appellant- accused, brother-in-law of the deceasedShaikh Shakil and his wife Taslim were present. During the course of quarrel, the appellant-accused poured kerosene from the lamp on the deceased, due to which, the deceased caught fire and suffered burn injuries on her back, stomach and breast. She started screaming in pain. Her brother-in-law Shaikh Shakil put out the fire by pouring water and removed her clothes. Meanwhile, her husband had come and the deceased was taken to hospital. The record indicates that when Halimabi was brought to the hospital, the history recorded accidental burns. She was taken to the hospital at 10.30 a.m. on August 13, 1998. Between 1.30 and 1.50 p.m. on the same day, Abdul RashidSpecial Judicial Magistrate, Beed (PW5) was called by the police and dying declaration of deceased Halimabi was recorded by him. In that dying declaration, deceased Halimabi stated that while opening the door, her hand hit the kerosene lamp which was kept on the pillow and fell on her and she sustained injuries. In other words, according to the said dying declaration, the deceased caught fire accidentally when she came into contact with the lamp. She absolved all the inmates of her husband's family of any wrong- doing or connecting with her catching fire. On the next day i.e., on August 14, 1998, at about 1.45 p.m., however, again PW5Special Judicial Magistrate was called for the purpose of recording dying declaration of deceased Halimabi. In the said dying declaration, she stated that on the previous day i.e. on August 13, 1998, her mother-in-law (appellant) started abusing her for not going for Namaz by getting up late. At that time, in the house, kerosene lamp was hung on the wall near which the deceased was standing. Her husband as well as her father-in-law had gone for Namaz and in the house, deceased Halimabi, her mother-in-law (appellant), her sister- in- law Taslim and her brother- in- law Shaikh Shakil were present. According to the deceased, her mother-in-law (appellant) threw the kerosene lamp on her, with the result both of her hands, entire back, stomach and both sides of her chest were burnt and she started screaming and crying. Her brother-in-law Shaikh Shakil poured water on her and extinguished fire and removed her clothes. She was then taken to the hospital. She also stated that her marriage took place before 8 to 10 months and had no child. Her husband used to beat after listening to his mother. She was asked to do entire household work. In case she did not do work, her mother-in-law used to abuse her.

In the light of the fact that in the previous dying declaration, the deceased had not involved her mother- in-law and had described the incident as 'accidental', the Special Judicial Magistrate asked the deceased that when he recorded her dying declaration on August 13, 1998, in the said statement, the deceased had stated that she was hit by the kerosene lamp which fell on her and she was burnt. The Special Judicial Magistrate, therefore, asked her as to why she was changing her statement. The deceased replied that her mother-in-law (appellant) told her not to give any statement against the family members of her in-laws and that was the reason why she had given the earlier statement. But in fact, it was her mother-in-law who threw kerosene lamp on her and thus she was burnt. She also stated that her mother-in-law was harassing her.

Ultimately, Halimabi died on August 20, 1998 at about 7.00 p.m. On the basis of the second dying declaration recorded by the Special Judicial Magistrate, a case was registered by PW7PSI Sampat Shinde under C.R. No.60 of 1998 at Peth-Beed Police Station. Initially, the case was registered for an offence punishable under Section 307 IPC but after the death of Halimabi it was converted into an offence punishable under Section 302 IPC. The appellant was arrested on August 15, 1998. The matter was committed to the Court of Session and a charge was framed against the accused under Section 302 IPC.

The Trial Court, on the basis of medical evidence held that death of Halimabi was homicidal. As to the culpability of the accused for an offence under Section 302, the Court held that in the light of the evidence of father and mother of deceased Halimabi, it was clearly established that the appellantmother-in-law of the deceased was harassing Halimabi. The Trial Court also observed that it was true that in the first dying declaration, on August 13, 1998, 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 the appellant. The Trial Court noted that after the first dying declaration was recorded, the parents and inmates of deceased Halimabi had reached the hospital. The deceased could get courage to state true facts and again the Special Judicial Magistrate was called and the second dying declaration was recorded on August 14, 1998 in which she disclosed true and correct facts. The Trial Court also noted that the Special Judicial Magistrate was conscious of the fact that in the first dying declaration, she had not involved any family members of her in-laws. A specific question was, therefore, put by him as to the reason why she had done so and the deceased had replied that it was because of her mother-in-law who asked the deceased to do so. The Trial Court, therefore, held the conduct of deceased Halimabi as natural and the second dying declaration reliable which could be treated as basis for holding the appellant guilty. The Trial Court also observed that from the evidence of PW2father of the deceased and PW3mother of the deceased, it was proved that Halimabi was ill-treated by her in-laws, and particularly the appellantmother-in-law. The Court also observed that PW5Abdul Rashid (Special Judicial Magistrate) had no axe to grind against the appellant. PW5 stated that on being questioned, Halimabi stated on August 14, 1998 that she was burnt by her mother-in- law (appellant) by throwing burning kerosene lamp on her but she had not stated so in the previous dying declaration because of the insistence of her mother-in- law. On the basis of evidence of parents of deceased Halimabi and the second drying declaration, the Trial Court convicted the appellant.

In our opinion, criminal cases are decided on facts and on evidence rather than on case law and precedents. In the case on hand, there is ample evidence to show that even prior to the incident in question, the appellant used to beat the deceased and ill-treat her. It is in the light of the said fact that other evidence requires to be considered. In our view, both the Courts were right in relying upon the second dying declaration of the deceased treating it as true disclosure of facts by the deceased Halimabi. In the light of the evidence of parents of the deceased (PW2 and PW3), Dr. Kishore (PW6) and Special Judicial Magistrate (PW5), it cannot be said that the Courts below had committed any error and the conviction deserves to be set aside.

For the foregoing reasons, in our opinion, the appeal deserves to be dismissed and is accordingly dismissed.