TARACHAND DAMU SUTAR Vs. STATE OF MAHARASHTRA
LAWS(SC)-1961-5-5
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
May 04,1961
TARACHAND DAMU SUTAR
Appellant
VERSUS
STATE OF MAHARASHTRA
Respondents
Cited Judgements :-
LOTAN & ANR VS. STATE OF M P [LAWS(MPH)-2018-2-383] [REFERRED TO]STATE OF RAJASTHAN VS. KISHORE [LAWS(SC)-1996-2-37] [RELIED ON]
ARVIND SINGH VS. STATE OF BIHAR [LAWS(SC)-2001-4-147] [REFERRED]
KHAZAN SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1994-5-55] [REFERRED TO]
HASTI DEVI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1997-4-26] [REFERRED TO]
DAHYABHAI SHANABHAI RATHOD VS. RAMCHANDRA SAKALCHAND PATEL [LAWS(GJH)-1985-9-32] [DISTINGUISHED]
STATE OF GUJARAT VS. HIRABEN [LAWS(GJH)-1998-11-51] [REFERRED]
RAMESH GYANOBA KAMBLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-8-132] [REFERRED TO]
MAHADEV ANS ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-1990-5-17] [REFERRED TO]
BANTHIA DEHURY AND TWO ORS. VS. STATE OF ORISSA [LAWS(ORI)-1999-5-15] [REFERRED TO]
AVTAR LAL VS. PUNJAB STATE [LAWS(P&H)-1998-2-132] [REFERRED TO]
SUBHASH VS. STATE [LAWS(ALL)-2019-8-164] [REFERRED TO]
NIRMAL SINGH VS. STATE OF DELHI [LAWS(DLH)-2002-3-92] [REFERRED]
ABDURAHIMAN VS. STATE OF KERALA [LAWS(KER)-1962-11-18] [REFERRED TO]
STATE OF ASSAM VS. MAFIZUDDIN AHMED [LAWS(SC)-1983-1-4] [RELIED ON]
GULZARI LAL VS. STATE OF HARYANA [LAWS(SC)-2016-2-4] [REFERRED TO]
RAM CHAND VS. STATE OF HARYANA [LAWS(P&H)-1990-3-63] [REFERRED TO]
GULAB SINGH VS. STATE OF U P [LAWS(ALL)-2003-3-171] [REFERRED TO]
KAMLESH JAIN VS. STATE OF M P [LAWS(MPH)-2007-12-5] [REFERRED TO]
RAMDAYAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1987-12-26] [REFERRED TO]
CHANDRA MOHAN TIWARI VS. STATE OF MADHYA PRADESH [LAWS(SC)-1992-1-3] [RELIED ON]
PAPPU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2023-2-133] [REFERRED TO]
STATE OF GUJARAT VS. BALAJI BALVANTJI THAKORE [LAWS(GJH)-2017-11-268] [REFERRED TO]
DARSHAN KUMAR VS. STATE [LAWS(J&K)-1996-5-23] [REFERRED TO]
GANGAPRASAD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2008-3-61] [REFERRED TO]
E.V.SHAJI VS. THE CIRCLE INSPECTOR OF EXCISE [LAWS(KER)-2016-5-64] [REFERRED TO]
DILIP CHANDRA VS. STATE OF U. P. [LAWS(ALL)-2022-3-200] [REFERRED TO]
MAHENDRA NATH VERMA VS. U.P. STATE PUBLIC SERVICES TRIBUNAL INDIRA BHAWAN LKO. [LAWS(ALL)-2018-9-152] [REFERRED TO]
THE STATE VS. THE STATE [LAWS(CAL)-1989-2-64] [REFERRED TO]
NAJJAM FAROQUI VS. STATE [LAWS(CAL)-1991-8-13] [REFERRED TO]
STATE OF MAHARASHTRA VS. AJAY JAGDISH PANDE [LAWS(BOM)-2014-6-94] [REFERRED TO]
MHETRA S/O SIDDHARAM KASHYAP VS. STATE OF CHHATTISGARH THROUGH [LAWS(CHH)-2018-10-134] [REFERRED TO]
STATE VS. ABINASH DUTTA [LAWS(GAU)-1981-9-6] [REFERRED TO]
ISHWAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-1991-9-86] [REFERRED TO]
Chandra Mohan Tiwari VS. State of M.P. [LAWS(MPH)-1992-1-43] [REFERRED TO]
PANCHDEO SINGH VS. STATE OF BIHAR [LAWS(SC)-2001-12-42] [REFERRED]
QAIYUM MIAN VS. STATE OF BIHAR [LAWS(PAT)-1992-4-3] [REFERRED TO]
RADHA VS. KHAJAN SINGH [LAWS(RAJ)-1994-5-20] [REFERRED TO]
NATWARLAL CHATRABHUJ SHAH VS. STATE OF GUJARAT [LAWS(GJH)-1971-1-8] [REFERRED]
RAMNATH S O MAHADU MANAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-1999-3-40] [REFERRED TO]
SURESH KRISHNA KATKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1995-6-14] [REFERRED TO]
MRITUNJOY BISWAS AND ANOTHER VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-10-68] [REFERRED TO]
BHARAT KUMAR TRIBHOVANDAS VS. STATE OF GUJARAT [LAWS(GJH)-1998-1-44] [REFERRED TO]
TILUMAI GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2013-4-10] [REFERRED TO]
KUSA VS. STATE OF ORISSA [LAWS(SC)-1980-1-8] [RELIED ON]
USHA RANI VS. STATE OF PUNJAB [LAWS(P&H)-1990-1-72] [REFERRED TO]
STATE OF GUJARAT VS. KOLI CHUNILAL SAVJI [LAWS(GJH)-1996-6-14] [REFERRED TO]
VIRAMJI MOHATJI THAKORE VS. STATE OF GUJARAT [LAWS(GJH)-2004-8-17] [REFERRED TO]
NARENDRA RAMJIBHAI THANKI VS. STATE OF GUJARAT [LAWS(GJH)-2007-6-37] [REFERRED TO]
BAIJNATH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1996-8-96] [REFERRED]
JUDGEMENT
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(1.)This is an appeal against the judgment and order of the High Court of Bombay imposing the sentence of death in appeal by the State against the order passed by the Sessions Judge, Dhulia. The facts of the appeal are these:
The appellant, in about 1950, married Sindhubai, the daughter of Chandrabhagabai. Sindhubai who is the deceased had read up to the 7th Standard. The appellant and Sindhubai were residing in a one room tenement in a house belonging to one Tavar pleader in which there are in all 12 to 15 tenements. The tenement of the appellant was not very far from that of the appellant's cousin Shantabai who was residing with her husband Pandu Genda and the house of Chandrabhagabai was about a furlong away from that of the appellant. The relations between the appellant and the deceased were normal for sometime but about two years before the occurrence differences had arisen and there were frequent quarrels between them. A child of the marriage was born about 1 1/2 years before the occurrence. The deceased was a frequent visitor to her mother's house to which the appellant took objection. The appellant had stopped giving her the necessities of life including foodgrains etc. About a week before Diwali the appellant gave her a beating. The deceased used to have her meals with her mother and the appellant with his cousin Shantabai and the daughter of the marriage Urmila stayed with the mother of the deceased during the day time. The occurrence was on the Bhaubij day i.e. November 2, 1959 between 1.30 an 3.30 in the afternoon. After having her meals at her mother's house, the deceased returned to her husband's house and went to sleep in the afternoon. It is stated that while she was sleeping the appellant gave her a beating and after sprinkling kerosene oil on her clothes, set fire to them. The deceased with her clothes burning went in the direction of the house of Shantabai but fell down in front of it and was almost naked when somebody covered her body with a dhoti.
(2.)Chandrabhagabai received information , it is stated, from her niece Suman about this fact and Chandrabhagabai ran to the spot and found her body burnt. The cousin, Shantabai and her husband Pandu Genda also arrived and on enquiry by Chandrabhagabai the deceased told her that husband had set fire to her clothes after sprinkling kerosene oil on her. By this time a police constable informed the Police Station which was nearby and an ambulance car was sent and the deceased was taken to the Civil Hospital, Dhulia, at about 4-15 p. m. She was examined by Dr. Javeri who treated her and on his enquiry the deceased told him that her husband had set fire to her clothes after sprinkling kerosene oil on her clothes. Dr. Javeri then informed the police and advised that a dying declaration be recorded. At about 5-30 p. m., a Magistrate Mr. Mhatre recorded the statement of the deceased but she died at 8-15 p. m. on the same day in the hospital.
(3.)The defence of the appellant was that of alibi, in that he was at work on the house of Mulchand Rajmal at Nehru Nagar which was being built and that he was entirely innocent of the offence. The trial court found that it was the appellant who had set fire to the clothes of the deceased after sprinkling kerosene oil; that the appellant had the intention of causing such bodily injury to the deceased as was likely to cause death and it therefore convicted the appellant of an offence under S. 304 Part I and sentenced him to three years' rigorous imprisonment and a fine of Rs. 100. The learned Judge accepted the testimony of the mother Chandrabhagabai as to the dying declaration and also that of Dr. Javeri and finally he accepted the dying declaration recorded by the Magistrate which was in the form of questions and answers. In all her dying declarations the deceased had accused the appellant of setting fire to her clothes and thus causing her severe burns.
The appellant, in about 1950, married Sindhubai, the daughter of Chandrabhagabai. Sindhubai who is the deceased had read up to the 7th Standard. The appellant and Sindhubai were residing in a one room tenement in a house belonging to one Tavar pleader in which there are in all 12 to 15 tenements. The tenement of the appellant was not very far from that of the appellant's cousin Shantabai who was residing with her husband Pandu Genda and the house of Chandrabhagabai was about a furlong away from that of the appellant. The relations between the appellant and the deceased were normal for sometime but about two years before the occurrence differences had arisen and there were frequent quarrels between them. A child of the marriage was born about 1 1/2 years before the occurrence. The deceased was a frequent visitor to her mother's house to which the appellant took objection. The appellant had stopped giving her the necessities of life including foodgrains etc. About a week before Diwali the appellant gave her a beating. The deceased used to have her meals with her mother and the appellant with his cousin Shantabai and the daughter of the marriage Urmila stayed with the mother of the deceased during the day time. The occurrence was on the Bhaubij day i.e. November 2, 1959 between 1.30 an 3.30 in the afternoon. After having her meals at her mother's house, the deceased returned to her husband's house and went to sleep in the afternoon. It is stated that while she was sleeping the appellant gave her a beating and after sprinkling kerosene oil on her clothes, set fire to them. The deceased with her clothes burning went in the direction of the house of Shantabai but fell down in front of it and was almost naked when somebody covered her body with a dhoti.
(2.)Chandrabhagabai received information , it is stated, from her niece Suman about this fact and Chandrabhagabai ran to the spot and found her body burnt. The cousin, Shantabai and her husband Pandu Genda also arrived and on enquiry by Chandrabhagabai the deceased told her that husband had set fire to her clothes after sprinkling kerosene oil on her. By this time a police constable informed the Police Station which was nearby and an ambulance car was sent and the deceased was taken to the Civil Hospital, Dhulia, at about 4-15 p. m. She was examined by Dr. Javeri who treated her and on his enquiry the deceased told him that her husband had set fire to her clothes after sprinkling kerosene oil on her clothes. Dr. Javeri then informed the police and advised that a dying declaration be recorded. At about 5-30 p. m., a Magistrate Mr. Mhatre recorded the statement of the deceased but she died at 8-15 p. m. on the same day in the hospital.
(3.)The defence of the appellant was that of alibi, in that he was at work on the house of Mulchand Rajmal at Nehru Nagar which was being built and that he was entirely innocent of the offence. The trial court found that it was the appellant who had set fire to the clothes of the deceased after sprinkling kerosene oil; that the appellant had the intention of causing such bodily injury to the deceased as was likely to cause death and it therefore convicted the appellant of an offence under S. 304 Part I and sentenced him to three years' rigorous imprisonment and a fine of Rs. 100. The learned Judge accepted the testimony of the mother Chandrabhagabai as to the dying declaration and also that of Dr. Javeri and finally he accepted the dying declaration recorded by the Magistrate which was in the form of questions and answers. In all her dying declarations the deceased had accused the appellant of setting fire to her clothes and thus causing her severe burns.
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