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 REPORTABLE    

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1062 OF 2008

Ashabai & Anr.       .... Appellant(s)

Versus

State of Maharashtra        ....  Respondent(s)

J U D G M E N T P.Sathasivam,J.

1) This appeal is directed against the judgment and order  

dated  11.04.2007  passed  by  the  High  Court  of  Bombay,  

Bench at  Aurangabad in Criminal  Appeal  No. 252 of 2005  

whereby the High Court dismissed the appeal  filed by the  

appellants herein and confirmed the order dated 30.03.2005  

passed by the Court of IInd Ad-hoc Additional Sessions Judge,  

Jalgaon in Sessions Case No. 165 of 2003.

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2) Brief facts:

a) On  28.02.2000,  Vandana  Raghunath  Tayade  (since  

deceased) was married to one Raghunath Puna Tayade at  

Village  Khirwad,  Taluq  Raver,  Dist.  Jalgaon,  Maharashtra.  

After marriage, she was staying at her matrimonial home in a  

joint  family  consisting  of  her  husband,  Kesharbai  (A-1)  

mother-in-law,  father-in-law  and  two  sisters-in-law,  viz.,  

Ashabai and Kavita (appellants herein).  Since there was no  

issue from the marriage, she was ill-treated by her mother-

in-law and sisters-in-law.  On that count, they used to harass  

her and both the families were not in good terms.  

b) On 05.03.2003, at about 1645 hrs., when Vandana was  

in her matrimonial home, Kesharbai (mother-in-law), in order  

to get rid of her, poured kerosene on her body and Ashabai  

and  Kavita  (appellants  herein)  –  sisters-in-law  instigated  

Kesharbai to lit the fire by using a matchstick.  She started  

shouting and caught hold of her mother-in-law in the burnt  

condition.  Vandana and Kesharbai, both were taken to the  

Railway Hospital, Bhusawal and her statement was recorded  

on the very same day.  Between 05.03.2003 to 06.03.2003,  

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the injured gave, in all, 4 dying declarations one by one to  

the authorities concerned.  On 18.04.2003, she succumbed  

to her injuries and the post-mortem was conducted on the  

same  day  and  a  case  being  A.D.  No.  15  of  2003  was  

registered.   

c) After investigation, charge sheet was filed against six  

accused persons, i.e., Kesharbai (A-1), Ashabai Puna Tayade  

(A-2) and Kavita Ajay Medhe (A-3)-appellants herein,  Puna  

Mitharam  Tayade,  Shobha  Sitaram  Tayade  and  Sitaram  

Ramaji Tayade and the case was committed to the Court of  

the  IInd  Ad-hoc  Additional  Sessions  Judge,  Jalgaon  and  

numbered as Sessions Case No. 165 of 2003.  The Additional  

Sessions Judge, by order dated 30.03.2005, convicted A-1, A-

2 and A-3 under Section 498-A read with Section 34 of the  

Indian Penal Code, 1860 (in short ‘IPC’ ) and sentenced them  

to undergo RI for 1 year along with a fine of Rs. 1,000/- each,  

in default, to further undergo RI for 3 months.  They were  

also convicted under Section 302 read with Section 34 of IPC  

and sentenced to suffer imprisonment for life along with a  

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fine of Rs. 2,000/- each, in default, to further undergo RI for 6  

months and acquitted the other accused persons.   

d) Challenging  the  said  judgment,  the  appellants  herein  

filed Criminal Appeal No. 252 of 2005 before the High Court.  

By  impugned  order  dated  11.04.2007,  the  High  Court,  

dismissed  the  appeal  filed  by  the  appellants  herein  and  

confirmed  their  conviction  and  sentence  passed  against  

them by the trial Court.    

3) Heard Mr. Sudhanshu S. Choudhari, learned counsel for  

the  appellants-accused  and  Ms.  Aprajita  Singh,  learned  

counsel for the State.  

Discussion:

4) The present appeal is by Ashabai (A-2) and Kavita Ajay  

Medhe (A-3), both sisters-in-law of the deceased.  Kesharbai  

(A-1)  -  mother-in-law  of  the  deceased,  who  was  also  

convicted and sentenced to RI for life filed a separate appeal  

being Criminal Appeal No. 1063 of 2008 before this Court.  

Since she died on 10.02.2012, by order dated 13.12.2012,  

this Court dismissed her appeal as abated.  Therefore, we are  

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concerned about the present appellants, namely, Ashabai (A-

2) and Kavita Ajay Medhe (A-3) respectively.       

5) The  marriage  of  the  deceased  Vandana  with  one  

Raghunath  was  solemnized  on  28.02.2000  and  her  death  

occurred on 18.04.2003, i.e., her married life came to an end  

within 3 years of her marriage.  The entire prosecution case  

lies on 4 dying declarations made by the deceased and the  

oral evidence of PWs 1, 2, 3 and 11.  

Dying Declaration No. 1 (Exh.76):   

6) The first dying declaration was recorded by Shri Dhondu  

(PW-14), Sub-inspector of Police, Sarkarwade P.S., Nasik on  

05.03.2003.  In her statement before PW-14, she narrated  

that her marriage was solemnized on 28.02.2000 at Khirwar  

and  she  was  residing  at  Shantinagar,  Someshwar  Colony,  

Bhusawal along with her husband-Raghunath, Punna - father-

in-law,  Kesharbai  -  mother-in-law,  Ashabai  and  Kavita  -  

sisters-in-law.   She  further  stated  that  her  husband  was  

working  as  an  Assistant  Station  Master  at  Bhusawal,  her  

father-in-law retired from Railways and she along with her  

mother-in-law and sisters-in-law stayed at home. As she was  

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not  able  to  conceive  even  after  3  years  of  marriage,  her  

mother-in-law and sisters-in-law always used to abuse her  

that she was ‘barren’.  They used to say that she should not  

stay in the house and better she would die.  On 04.01.2003,  

all  the  three  assaulted  her  in  front  of  her  brother.    On  

05.03.2003,  at  about  7  o’clock  in  the  morning,  when  she  

entered into the house along with her husband after their  

return  from Mumbai,  her  mother-in-law  and  sisters-in-law,  

viz., Ashabai  and Kavita shouted that  the barren lady has  

come and telling her husband that he should not keep the  

unproductive lady in their house.  After quarrelling with her  

mother-in-law, her  husband went  for  duty.   At  about 4.45  

p.m., when she came to her bedroom after taking a wash  

and  was  standing  facing  towards  east  in  the  place  in  

between the cupboard and the cot, at that time, her mother-

in-law – Kesharbai (A-1) came from behind with her sisters-in-

law Ashabai and Kavita. She was holding a tin of kerosene in  

her hands and she poured kerosene on her from neck to legs.  

While doing so, her sisters-in-law directed her mother-in-law  

to light the matchstick.  Accordingly, the mother-in-law lit the  

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matchstick.  On seeing this, her father-in-law and sisters-in-

law  poured  water  on  her  and  extinguished  the  fire.   The  

above statement is duly certified by the Doctor on duty- Shri  

T.F.  Ramesh  that  she  was  conscious  and  able  to  give  a  

statement.   It  is clear that in this declaration she has not  

implicated  her  husband  and  father-in-law.   On  the  other  

hand, she asserted that she was tortured by her mother-in-

law (A-1) and sisters-in-law (A-2 and A-3).  She also specified  

that it was her mother-in-law who poured kerosene on the  

direction of her sisters-in-law.   

Dying Declaration No.2 (Exh. 45):  

7) This statement was made by the deceased before the  

Executive Magistrate, Bhusawal on 05.03.2003 at 11.10 p.m.  

which was marked as Exh. 45 and is in the form of questions  

and answers.   When the Executive Magistrate asked what  

had happened on that day, she answered that “my mother-

in-law by name, Kesharbai Puna Tayde poured kerosene on  

me and burnt”.  She further mentioned that the said incident  

took place  at  about  4.30 to 5.00 p.m.  on 05.03.2003.  In  

respect of another question by the Magistrate, namely, who  

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were there in the house, she answered that her mother-in-

law and sisters-in-law, by name,  Ashabai  and Kavita  were  

there in the house and they told to light the matchstick.  She  

also mentioned that at the relevant time, her husband and  

father-in-law were not in the house.  The very same doctor,  

who certified her condition in the statement recorded by PW-

14 also certified that the declarant was conscious to give a  

statement.   He  also  mentioned  the  date  and  time  as  

05.03.2003 at 11.10 p.m.  This declaration, which was duly  

recorded  by  the  Executive  Magistrate,  Bhusawal  (PW-7)  

clearly  shows  that  it  was  her  mother-in-law  who  poured  

kerosene on her on the direction of her sisters-in-law (A-2  

and A-3).

Dying Declaration No.3 (Exh. 47):     

8) On  06.03.2003,  injured  Vandana  again  made  a  

statement  before  the  Executive  Magistrate,  Bhusawal  at  

19:25 hrs.  Here again, her statement was recorded in the  

form of questions and answers.  The said document has been  

marked as Exh.47.  After narrating that her marriage took  

place  on  28.02.2000  at  Khirwar,  she  informed  that  her  

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mother-in-law and father-in-law used to quarrel with her and  

her husband never used to say anything.  No doubt, in this  

statement,  she  mentioned  that  she  was  threatened  by  

Shobha  Sitaram  Tayade  (sister-in-law)  and  Sitaram  Ramji  

Tayade  (husband  of  Shobha  Sitaram  Tayade).   After  

mentioning their names, (both of them were acquitted by the  

trial  Court)  she  further  narrated  that  amongst  them,  her  

mother-in-law  poured  kerosene  on  her  and  sisters-in-law  

(Ashabai and Kavita) were standing by closing the door.  For  

another  question,  namely,  whether  she  had  suspicion  on  

anyone, she answered that she was tried to be burnt by her  

mother-in-law Kesharbai,  Ashabai,  Shobha,  Kavita,  Sitaram  

Ramji Tayade.  While recording the above statement, here  

again, duty Doctor Dr. C.N. Pimprikar certified that Vandana  

was fully conscious to give a statement.  He also mentioned  

the time and date of recording of the above statement as  

7:25 p.m. dated 06.03.2003.  

9) Learned counsel for the appellants pointed out certain  

contradictions and improvements which were not mentioned  

in  her  first  two  statements.   It  is  true  that  in  the  third  

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statement  made  before  the  Executive  Magistrate,  she  

implicated Shobha and Sitaram Ramji Tayade and according  

to her, they also threatened her along with her mother-in-law  

and sisters-in-law.  Merely because she mentioned two other  

names, who were acquitted by the trial Court, it cannot be  

presumed  that  her  earlier  statements  were  unacceptable.  

However, it is to be noted that even in the third statement  

before the Executive Magistrate duly recorded by him, she  

mentioned the role of her mother-in-law and sisters-in-law.  

There  is  no  reason  to  disbelieve  or  reject  the  above  

statement as claimed by learned counsel for the appellants.  

Dying Declaration No.4 (Exh. 36):

10) On  06.03.2003  itself,  at  about  7.30  p.m.,  again  the  

injured Vandana made a statement before Shri  Dilip,  Sub-

Inspector  of  Police  who  was  examined  as  PW-6  and  the  

statement was marked as Exh. 36.  Here again, in respect of  

the questions put by the recording officer, she answered by  

implicating  her  mother-in-law  and  sisters-in-law.   For  a  

specific question, namely, on 05.03.2003, whether she was  

at  home  and  how  she  got  burn  injuries  and  who  was  

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responsible for the same, she answered that “on 05.03.2003,  

I was at home only.  At about 5 o’clock, her mother-in-law,  

sisters-in-law poured kerosene and burnt”.  Here again, she  

specifically  implicated  her  mother-in-law and  sisters-in-law  

for pouring kerosene and litting fire.

11) Learned  counsel  for  the  appellants  argued  that  the  

version of incident as given by the deceased in all the four  

dying  declarations  is  inconsistent  and  no  reliance  can  be  

placed on it.  We have already referred to the persons who  

recorded  all  the  four  statements,  her  condition  and  the  

certificate issued by the doctor as well as the contents of the  

statements.  Though, in one of the statement, she implicated  

two more persons (who were acquitted by the trial Court) she  

was consistent about the role played by her mother-in-law  

and her sisters-in-law (appellants before us).  It is relevant to  

note  that  the  incident  took  place  in  the  bedroom of  the  

deceased.  It is also clear that she was subjected to torture  

as she had not conceived a child even after three years of  

the marriage and in all the four dying declarations, she was  

conscious in mentioning the role of her  mother-in-law and  

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sisters-in-law.  We are satisfied that there is no contradiction  

as to the main aspect, namely, implicating her mother-in-law  

and sisters-in-law as well as the role played by them.  

Evidentiary value of Dying Declaration:

12) About the evidentiary value of dying declaration of the  

deceased, it is relevant to refer Section 32(1) of the Indian  

Evidence Act, 1872, which reads as under:-

“32. Cases in which statement of relevant fact by person  who  is  dead  or  cannot  be  found,  etc.,  is  relevant.-  Statements, written  or  verbal,  of  relevant  facts  made  by  a  person who is dead, or who cannot be found, or who has become  incapable  of  giving  evidence,  or  whose attendance cannot  be  procured without an amount of delay or expense which, under  the  circumstances  of  the  case,  appears  to  the  Court  unreasonable,  are  themselves  relevant  facts  in  the  following  cases:-    (1) when it relates to cause of death.- When the statement  is made by a person as to the cause of his death, or as to any of  the circumstances of the transaction which resulted in his death,  in cases in which the cause of that person’s death comes into  question.  

Such  statements  are  relevant  whether  the  person  who  made  them was or was not, at the time when they were made, under  expectation of death, and whatever may be the nature of the  proceeding in which the cause of his death comes into question.

(2) ….. …..      ….. ….. (8) …. ….”

It is clear from the above provision that the statement made  

by the  deceased by way of a  declaration is  admissible  in  

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evidence under Section 32(1) of the Evidence Act.  It is not in  

dispute that her statement relates to the cause of her death.  

In that event, it qualifies the criteria mentioned in Section  

32(1)  of the Evidence Act.   There is  no particular  form or  

procedure prescribed for recording a dying declaration nor it  

is required to be recorded only by a Magistrate.  As a general  

rule,  it  is  advisable  to  get  the  evidence  of  the  declarant  

certified from a doctor.  In appropriate cases, the satisfaction  

of the person recording the statement regarding the state of  

mind of the deceased would also be sufficient to hold that  

the deceased was in a position to make a statement.  It is  

settled  law  that  if  the  prosecution  solely  depends  on  the  

dying declaration, the normal  rule is  that  the courts must  

exercise due care and caution to ensure genuineness of the  

dying declaration, keeping in mind that the accused had no  

opportunity  to  test  the  veracity  of  the  statement  of  the  

deceased by cross-examination.  As rightly observed by the  

High Court, the law does not insist upon the corroboration of  

dying declaration before it can be accepted.  The insistence  

of  corroboration  to  a  dying  declaration  is  only  a  rule  of  

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prudence.   When  the  Court  is  satisfied  that  the  dying  

declaration is voluntary, not tainted by tutoring or animosity,  

and is not a product of the imagination of the declarant, in  

that event, there is no impediment in convicting the accused  

on  the  basis  of  such  dying  declaration.   When  there  are  

multiple dying declarations, each dying declaration has to be  

separately  assessed  and  evaluated  and  assess  

independently on its  own merit  as to its evidentiary value  

and one cannot be rejected because of certain variation in  

the other.  

13) We  have  already  noted  that  in  the  present  case,  

prosecution  relied  on  four  dying  declarations  of  the  

deceased.  We have also noted that at the time of recording  

of these statements, medical officers on duty had certified  

that the deceased was fully conscious and was in a fit state  

of mind to make the same.  As a matter of fact, the deceased  

has  given  proper  replies  to  the  questions  put  to  her  by  

various  authorities.   Further,  it  is  not  in  dispute  that  the  

incident  occurred  on  05.03.2003  and  she  sustained  54%  

burns and, ultimately, she died only on 18.04.2003.  In other  

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words, she survived for about 1 ½ (one and a half) month  

which  speaks  for  the  fitness  of  the  declarant  to  make  a  

statement.   The  persons  who  recorded  the  four  dying  

declarations were examined as PWs 14, 7 and 6 and they  

were also cross-examined about the statement made by the  

deceased and recorded by them.  In such circumstances, we  

fully  endorse  the  view  expressed  by  the  trial  Court  and  

affirmed by the High Court about the acceptability of four  

dying declarations implicating the mother-in-law and sisters-

in-law (appellants herein).

Oral Evidence of PWs 1, 2 and 11:           

14) Malatabai  (PW-1)  is  the  mother  of  the  deceased  

Vandana.  She explained about the marriage of her daughter  

and  the  strained  relationship  with  her  family  members  

including  the  present  appellants.   Sanjay  (PW-2)  -  elder  

brother of the deceased Vandana, in his evidence has stated  

that  he  along  with  her  mother  took  the  deceased  to  her  

matrimonial  home  on  04.01.2003  and  as  soon  as  the  

deceased  entered  into  the  house  A-1,  A-2,  A-3  and  A-5  

assaulted her in their presence.  He also stated that when he  

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protested,  they  also  assaulted  him  and,  thereafter,  he  

informed his parents about the same.  In response to this  

information,  his  father  and  maternal  uncle  came  to  the  

matrimonial home of the deceased but none of them were  

allowed to enter the house to meet the deceased.   

15) PW-11, maternal uncle of the deceased, also narrated  

about the marriage of the deceased with her husband.  He  

also said that on receipt of information about the incident of  

burning, he rushed to the Railway Hospital,  Bhusawal and  

enquired  about  the  deceased.  He  noticed  that  Vandana  

sustained burn injuries.  However, she was conscious and he  

asked her as to what had happened.  She disclosed that her  

mother-in-law and sisters-in-law put her on fire.  PW-11 also  

stated that Vandana was in the Hospital for about one and a  

half month.  

16) Apart from the above witnesses, prosecution has also  

examined the doctors who certified her fitness while making  

the statement, the doctor who conducted her post-mortem  

and I.Os., who completed the investigation and filed charge  

sheet.  

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Conclusion:

17) The above analysis clearly shows that the deceased was  

in a fit  state of mind to make dying declarations and her  

statements  in  those dying declarations are consistent  and  

truthful.   In  addition  to  the  same,  the  prosecution  also  

examined PWs 1, 2 and 11 as well as the Doctors, I.Os., and  

other witnesses in support of their claim.  We do not find any  

infirmity in the order of conviction and sentence recorded by  

the trial Judge and affirmed by the High Court.   

18) In  spite  of  stringent  legislations  in  order  to  curb  the  

deteriorating  condition  of  women  across  the  country,  the  

cases  related  to  bride  burning,  cruelty,  suicide,  sexual  

harassment,  rape,  suicide  by  married  women  etc.  have  

increased  and  are  taking  place  day  by  day.   A  complete  

overhaul of the system is a must in the form of deterrent  

punishment for the offenders so that we can effectively deal  

with the problem.  In the case on hand, Vandana died within  

3 years of her marriage at the instance of her mother-in-law  

and sisters-in-law due to the harassment meted out to her  

because  of  the  inability  to  conceive  a  child  and  she  was  

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poured  kerosene  and  burnt  to  death.   Even  though,  the  

mother-in-law,  who  also  filed  a  separate  appeal,  died  on  

10.02.2012,  in  view  of  clinching  evidence  led  in  by  the  

prosecution, there cannot be any leniency in favour of the  

appellants,  who are  sisters-in-law of  the  deceased  and  at  

whose instance the deceased was burnt at the hands of her  

mother-in-law.  

19) Accordingly, while agreeing with the conclusion arrived  

at by the trial Court and affirmed by the High Court, we find  

no merit in the appeal.  Consequently, the same is dismissed.            

...…………….…………………………J.                (P. SATHASIVAM)                                  

...…....…………………………………J.        (RANJAN GOGOI)                         

NEW DELHI; JANUARY 4, 2013.  

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