P MANI Vs. STATE OF TAMIL NADU
LAWS(SC)-2006-2-3
SUPREME COURT OF INDIA
Decided on February 24,2006

P.MANI Appellant
VERSUS
STATE OF TAMIL NADU Respondents


Cited Judgements :-

JAGMOHAN VS. STATE [LAWS(DLH)-2009-11-339] [REFERRED TO]
STATE OF WEST BENGAL VS. BINOD KUMAR SHAW [LAWS(CAL)-2012-8-82] [REFERRED TO]
SHARAD KONDIBA WALKE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-1-91] [REFERRED TO]
SURESH BABU GIRI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-7-45] [REFERRED TO]
DHANAPAL VS. STATE REP BY INSPECTOR OF POLICE [LAWS(MAD)-2016-9-109] [REFERRED]
AHED ALI VS. STATE OF ASSAM [LAWS(GAU)-2009-12-9] [REFERRED TO]
LAKHAN LAL VS. STATE OF M P [LAWS(MPH)-2008-1-7] [REFERRED TO]
KODANGI AND ORS VS. STATE REP BY INSPECTOR OF POLICE [LAWS(MAD)-2010-10-536] [REFERRED]
S JOHN PETER VS. STATE AND ORS [LAWS(MAD)-2010-11-515] [REFERRED]
JASHWANTPURI JAYANTIPURI GOSWAMI AND ORS VS. STATE OF GUJARAT [LAWS(GJH)-2013-8-232] [REFERRED TO]
MUSHTKIM @ PAPPU VS. STATE OF U. P. [LAWS(ALL)-2019-10-46] [REFERRED TO]
ANIL KUMAR VS. STATE OF U.P. [LAWS(ALL)-2018-2-34] [REFERRED TO]
SUBIR DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-4-8] [REFERRED TO]
KAMLESH DEVI VS. STATE OF J AND K [LAWS(J&K)-2007-7-2] [REFERRED TO]
BHARATBHAI MEGHABHAI KOLI VS. STATE OF GUJARAT [LAWS(GJH)-2019-2-84] [REFERRED TO]
ARCHANA ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-9-80] [REFERRED TO]
SHEIK ABDUL AZEEM VS. STATE OF A P [LAWS(APH)-2019-7-1] [REFERRED TO]
KHALEEL RAHMAN VS. STATE OF A P [LAWS(APH)-2007-6-26] [REFERRED TO]
VINAYAK S/O SADASHIV JADHAV VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-3-4] [REFERRED TO]
AMAKKA SHANKAR POTRAJ VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2012-12-186] [REFERRED TO]
NAFISA VS. STATE OF M P [LAWS(MPH)-2007-12-41] [REFERRED TO]
INDU BAI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-12-22] [REFERRED TO]
BRIJESH KAUSHAL VS. STATE OF U.P. [LAWS(ALL)-2021-12-92] [REFERRED TO]
CHHOTTEY LAL VS. STATE [LAWS(ALL)-2018-10-172] [REFERRED TO]
NUPUR TALWAR VS. STATE OF U.P. [LAWS(ALL)-2017-10-2] [REFERRED TO]
AMARSINGH MUNNASINGH SURYAWANSHI VS. STATE OF MAHARASHTRA [LAWS(SC)-2007-9-48] [REFERRED TO]
VIDYA RAM ALIAS VIDDHAM VS. STATE OF U P [LAWS(ALL)-2019-5-47] [REFERRED TO]
VIDYA DEVI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-3-84] [REFERRED TO]
PAWAN KUMAR VS. STATE OF U.P. [LAWS(ALL)-2016-11-49] [REFERRED TO]
STATE OF M P VS. MUNSHILAL [LAWS(MPH)-2009-3-82] [REFERRED TO]
JAI PRAKASH SAH VS. STATE OF BIHAR [LAWS(PAT)-2013-4-15] [REFERRED TO]
K.,RAGHAVAN NAMBIAR VS. STATE OF KERALA [LAWS(KER)-2016-4-102] [REFERRED TO]
RAJU VS. STATE OF KARNATAKA [LAWS(KAR)-2014-4-423] [REFERRED TO]
STATE OF RAJASTHAN VS. KASHI RAM [LAWS(SC)-2006-11-24] [REFERRED TO]
MAHENDRA DIGAMBAR DESHMUKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-9-216] [REFERRED TO]
MD. YOUSUF VS. STATE OF A.P. [LAWS(APH)-2014-3-146] [REFERRED TO]
JANABAI VASANT RAUT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-1-75] [REFERRED TO]
YOUSUF BADSHAH SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-11-71] [REFERRED TO]
SHRIKANT LAXMAN SURWASE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-8-162] [REFERRED TO]
STATE OF MAHARASHTRA VS. GAJANAN [LAWS(BOM)-2020-12-388] [REFERRED TO]
ABBS ALI MONDAL VS. STATE OF WEST BENAGAL [LAWS(CAL)-2008-6-54] [REFERRED TO]
HIRAMAN VS. STATE OF MAHARASHTRA [LAWS(SC)-2013-1-77] [REFERRED TO]
GULZARI LAL VS. STATE OF HARYANA [LAWS(SC)-2016-2-4] [REFERRED TO]
RAJIYA SULTHANA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-6-559] [REFERRED TO]
YASHODA DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-2-43] [REFERRED TO]
SUBHASH CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-3-65] [REFERRED TO]
MEENA VS. STATE OF U. P. [LAWS(ALL)-2021-3-54] [REFERRED TO]
THANGARAJ VS. STATE [LAWS(MAD)-2008-7-248] [REFERRED TO]
ASHABAI BHASKAR PAGARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-8-55] [REFERRED TO]
PRABHAKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-7-246] [REFERRED TO]
SK GULAB @ GULAM S/O SK AHEMAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-11-429] [REFERRED TO]
JUGESH KUMAR VS. STATE [LAWS(DLH)-2007-5-38] [REFERRED TO]
GOVARDHAN DASS VS. THE STATE (G. N.C.T. OF DELHI) [LAWS(DLH)-2009-2-252] [REFERRED TO]
DAYANAND CHANGDEO ZENDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-7-163] [REFERRED TO]
SHOBHA JAHANGIR SHINDE @ BHOSALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-7-176] [REFERRED TO]
MD. VAHED MIYA VS. THE STATE OF A.P. [LAWS(APH)-2018-2-29] [REFERRED TO]
SK MASEED JILANI VS. STATE OF A P [LAWS(APH)-2006-6-39] [REFERRED TO]
MILAP KUMAR NAND RAM VS. STATE OF PUNJAB [LAWS(P&H)-2009-1-6] [REFERRED TO]
RAMANBHAI DAVID @ DEVSUBHAI PAWAR VS. STATE OF GUJARAT [LAWS(GJH)-2014-2-60] [REFERRED TO]
SELVARASU VS. STATE OF TAMILNADU [LAWS(MAD)-2010-8-307] [REFERRED TO]
BANWARI LAL VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-5-179] [REFERRED TO]
BALAMURUGAN VS. STATE BY INSPECTOR OF POLICE KOODAKOVIL POLICE STATION MADURAI DISTRICT [LAWS(MAD)-2012-2-550] [REFERRED TO]
ANIL KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2013-9-841] [REFERRED]
MADHUKAR RAMSINGH ALKARI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-7-3] [REFERRED TO]
RAMESH S/O SHANKAR DHOTRE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-9-186] [REFERRED TO]
SATISH MARUTI JAWALE VS. STATE OF MAHARASHTRA RESPONDENT [LAWS(BOM)-2009-4-66] [REFERRED TO]
SANJAY VS. STATE [LAWS(DLH)-2011-3-194] [REFERRED TO]
SK. GULAB @ GULAM S/O SK. AHEMAD VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-12-28] [REFERRED TO]
BADAL BISWAS & ANR VS. STATE OF WEST BENGAL [LAWS(CAL)-2018-8-168] [REFERRED TO]
MRS. MANASA ALIAS JWALA VS. STATE OF TELANGANA [LAWS(TLNG)-2021-7-18] [REFERRED TO]
MANIK CHANDRA VS. STATE OF U.P. [LAWS(ALL)-2018-5-837] [REFERRED TO]
MAHMAD AHMED SAMOL VS. STATE OF GUJARAT [LAWS(GJH)-2012-4-317] [REFERRED TO]
DHARMENDRA RAJBHAR VS. STATE OF U.P. [LAWS(ALL)-2021-1-13] [REFERRED TO]
SHARAD GOSWAMI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2010-3-73] [REFERRED TO]
DEVIDAS S/O LATE BALCHANDRA RANGADAL VS. STATE THROUGH MAHILA P S GULBARGA [LAWS(KAR)-2018-10-139] [REFERRED TO]
RATAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-9-109] [REFERRED TO]
MARUTI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-2-115] [REFERRED TO]
GURCHARAN VS. STATE [LAWS(DLH)-2010-1-153] [REFERRED TO]
GOPI CHAND VS. STATE [LAWS(DLH)-2009-3-262] [REFERRED TO]
KANJIBHAI PITAMBERDAS THAKKAR VS. STATE OF GUJARAT [LAWS(GJH)-2009-7-175] [REFERRED TO]
VITTHALBHAI BHUPATBHAI TADVI VS. STATE OF GUJARAT [LAWS(GJH)-2012-8-197] [REFERRED TO]
DASHARATH VS. STATE OF KARNATAKA [LAWS(KAR)-2009-10-8] [REFERRED TO]
MOIDU K. VS. STATE OGF KERALA [LAWS(KER)-2010-1-123] [REFERRED TO]
KAUSHILYABAI VS. STATE OF M P [LAWS(CHH)-2010-1-43] [REFERRED TO]
STATE OF M P VS. MUNSHILAL NIRBHAY SINGH [LAWS(MPH)-2009-3-41] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. DHARAM SINGH [LAWS(HPH)-2015-2-19] [REFERRED TO]
STATE OF U.P. VS. HANIFA KHURSHEED [LAWS(ALL)-2014-4-350] [REFERRED TO]
YASMINBEGAM VS. THE STATE OF GUJARAT [LAWS(GJH)-2015-9-43] [REFERRED TO]
SHARIFABI W/O. SABIRSHAH VS. STATE OF MAHARASHTRA THROUGH P.S.O., POLICE STATION [LAWS(BOM)-2012-10-184] [REFERRED TO]
RAHIS VS. STATE (NCT) OF DELHI [LAWS(DLH)-2010-5-187] [REFERRED TO]
DILIPSINH HARISINH THAKUR VS. STATE OF GUJARAT [LAWS(GJH)-2007-6-21] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH POLICE STATION, DEONI VS. VENKAT @ MEGHRAJ RAMRAO DEOKATE [LAWS(BOM)-2018-4-81] [REFERRED TO]
SANJAY UTTAM SURYAVANSHI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-5-2] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)The Appellant was convicted on a charge of commission of an offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life as also a fine of Rs. 5000/- by a judgment and order dated 10-01-2001 passed by Additional Sessions Court, Kanyakumari District at Nagercoil in S.C. No. 183 of 1999.
(2.)The deceased was the wife of the Appellant. They were not in good terms. The deceased nurtured grudge against him on the belief that the Appellant was having affairs with another woman (PW-12) who is wife of his elder brother (PW-11). On 4-10-1998 at about 10.45 a.m., some children had been witnessing television in the house of the Appellant. They came out therefrom stating that the deceased had asked them to go out of the house and bolted the door from inside. Upon hearing the same, PWs 1, 2 and the Appellant herein went back and broke open the door. Allegedly, the Appellant had poured kerosene on her and set fire to the deceased.
(3.)It is not in dispute that the door of the room was broken open. The said witnesses as also PWs-3 to 6 saw the deceased in flames. The fire was extinguished and she was taken to the government hospital. It is moreover not in dispute that the Appellant took her to the hospital along with other witnesses. They reached hospital at about 11.15 a.m. A dying declaration was recorded by a Judicial Magistrate between the period 12.25 p.m. and 12.45 p.m. in the presence of a doctor (PW-15). A Head Constable (PW-23), in-charge of Kulachal Police Station in the meantime received information about the said incident whereupon he arrived at the hospital recorded the statement of the deceased again from 14.15 p.m. to 14.45 p.m.; on the basis whereof the First Information Report was lodged. A case under Section 307 of the Indian Penal Code (Code) was registered against the Appellant. In Column No. 7 of the said First Information Report the name of the Appellant was shown as accused. The Investigating Officer (PW-24) on 5-10-1998 made seizure of kerosene can, matchstick, matchbox, iron bolt, etc. She died in the government hospital at about 11.15 a.m. on 9-10-1998, whereafter the charge in the F.I.R. was altered to Section 302 of the Code. The Appellant was arrested in connection with the said case on 21-10-1998.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.