State Of Maharashtra Etc vs Pravin Mahadeo Gadekar Etc

2. Deceased Sadhana, daughter of PW 5 Narmadabai, was married to respondent Pradip four to five years prior to the date of incident. After marriage, Sadhana was residing with Pradip in the matrimonial home where the other inmates were Parwatabai mother-in-law and respondent Pravin, brother-in-law. After the marriage, Sadhana was subjected to cruelty by Pradip and other in laws and she was constrained to leave her matrimonial home. A report was lodged by Sadhana on the basis of which these three persons were prosecuted. However the dispute was settled and she started co-habiting with Pradip.

3. It is the case of prosecution that in the morning of 6.11.1995, deceased Sadhana suffered burn injuries. Her husband Pradip also suffered burn injuries. Both were rushed to Distt. Hospital, Akola for treatment. One Shelke gave information to police on telephone. PW1 Suryakanta, friend of Sadhana and PW5 Narmadabai, mother of Sadhana visited her separately in the hospital and Sadhana is stated to have disclosed that her husband Pradip poured kerosene on her and kept pallu of her saree on the lighted cooking gas setting her ablaze.

5. Pursuant to the aforesaid statement, FIR was registered under Sections 498A, 307, 354 read with 34 IPC in city Kotwalli Police Station, Akola against Pradip, Pravin and their mother Parvatabai. In a supplementary statement recorded on 7.11.1995 Sadhana clarified that her brother-in-law Pravin had come to rape her on Monday, that he had molested her but had not committed any rape on her and that upon her raising shouts he had gone away.

6. Her statement under Section 161 Cr.P.C. was recorded by police on 8.11.1995 where she stated that in the night intervening 2.11.1995 and 3.11.1995 Pravin had held her in his arms and outraged her modesty and that when Pradip came back from Nagpur on 5.11.1995, she complained about the incident. She further stated how Pradip set her ablaze on 6.11.1995. Sadhana succumbed to her burn injuries on 10.11.1995 and the offence under Section 302 IPC was registered against the accused. The post-mortem was conducted on the same day by PW6 Dr. Prashant Waichal in the Distt. Hospital at Akola who found second degree burn injuries to the extent of 96% spread over head, neck and face. After investigation police filed charge-sheet against Pradip, Pravin and Parwatabai for offences under Sections 498A, 302 read with 34 IPC. Pravin was additionally charged for offence under Section 354 IPC.

7. The prosecution examined nine witnesses. PW 7 Dr. Vijay Kalne in his deposition stated that the Executive Magistrate had made a request in writing to certify if Sadhana was conscious and fit to give her dying declaration. The witness stated that he examined the patient and found that her pulse and Blood Pressure were normal, that she was well oriented and was mentally fit. After having so examined he gave a certificate vide Ext. 92. He further stated that after the statement was recorded, he again examined the patient and gave a certificate that she was conscious while the dying declaration was recorded. His later certification was marked as Ext. 93. He further stated that he was present all throughout. PW8 Vijay Singh Pawar stated how he had requested PW 7 Dr. Vijay Kalne to examine Sadhana and that during the entire course of declaration she was completely conscious. He stated that he had faithfully recorded the dying declaration as stated by Sadhana. The trial court by its judgment and order dated 4.0.2001 in Sessions Case No. 113 of 1996 convicted Pradip for the offence punishable under Section 498A and sentenced him to suffer rigorous imprisonment for two years and payment of fine of Rs.500/-, in default whereof to suffer further rigorous imprisonment for six months. He was also convicted under Section 302 IPC and sentenced to life imprisonment and payment of fine of Rs.1,000/-, in default whereof to suffer rigorous imprisonment for two years. Pravin and Parwatabai were acquitted of the offences under Sections 498A and 302 read with 34 IPC. Pravin was, however, convicted for offence under Section 354 IPC and sentenced to suffer rigorous imprisonment for one year and payment of fine of Rs.500/-, in default whereof to suffer further rigorous imprisonment for three months.

12. The dying declaration Ext.96, in our view is definitely trustworthy. It also stands corroborated on material aspects by other declaration Ext.98. If some exaggeration on part of PW1 Suryakanta and PW5 Narmadabai is eschewed, their oral testimonies also lend full support. Whether Sadhana was able to speak coherently is a matter which stands dealt with by PW7 Dr. Vijay Kalne, and we have no hesitation in placing reliance on dying declaration Ext.96. The High Court was in error in discarding said dying declaration. The view which weighed with the High Court was not even a possible view. We, therefore hold that the charges under Sections 302 and 354 as against Pradip and Pravin respectively stand fully proved. We affirm the acquittal of Pradip with regard to charge under Section 498A of the IPC.

13. In the circumstances we allow these appeals and set aside the judgment and order of acquittal recorded by the High Court. The respondent Pradip is convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-. Respondent Pravin is convicted under Section 354 IPC and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.500/-, in default whereof to suffer further rigorous imprisonment for one month. Both the respondents Pradip and Pravin be taken in custody forthwith to undergo the sentence awarded to them.

.............................J. (Pinaki Chandra Ghose) ...........................J. (Uday Umesh Lalit) New Delhi, April 10, 2015 ITEM NO.1B COURT NO.13 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 2071-2072/2008 STATE OF MAHARASHTRA ETC. Appellant(s) VERSUS PRAVIN MAHADEO GADEKAR ETC. Respondent(s) Date : 10/04/2015 These appeals were called on for pronouncement of judgment today.

For Appellant(s) Mr. Aniruddha P. Mayee, Adv.

Mr. Charudatta Mahindrakar, Adv.

Mr. A. Selvin Raja, Adv.

Hon'ble Mr. Justice Uday Umesh Lalit pronounced the non-reportable judgment of the Bench comprising Hon'ble Mr. Justice Pinaki Chandra Ghose and His Lordship.

The appeals are allowed in terms of the signed non-reportable judgment as follows:-