In Criminal Appeal against the acquittal of the respondent for causing suicide by Section 306 IPC, the High Court discussed dying declarations. It was held that there was no instigation by the accused. The court found no cause for interference and refused leave to appeal.
Leave to appeal refused. The impugned acquittal is affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 566 OF 2005 The State of Maharashtra .. Appellant Vs Savita Chandrakant Nalawade .. Respondent (Org.Accused) Mr. U.V. Nikam for appellant-State. Mr. S.V. Kotwal for Respondent. CORAM: S.S. PARKAR & ANOOP V. MOHTA,JJ. Date : September 21, 2005.
P.C.:
| 1. | This | application is | filed for leave to appeal | ||
|---|---|---|---|---|---|
| against | the | impugned | judgment and |
order | dated |
| 30/1/2004 | delivered | by | the III |
Ad-hoc | Assistant |
| Sessions | Judge, | Solapur | in Sessions Case |
No.7 | of 2003 |
acquitting the respondent-accused of the offence under Section 306 of IPC.
| 2. | We | hav | e heard | the APP | and perused | the | ||||
|---|---|---|---|---|---|---|---|---|---|---|
| reasoning | of | the | tr |
ial J |
udge. | The | dying | decla | rations | |
| of | the | deceased | have | been | recorded | by the |
SEM |
as | well | |
| as by |
the | Police | , | which | was |
registered | as |
FIR. | In | the |
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| dying | declaration | (Ex | h.15) | recor | ded by |
the SE |
M, | the |
|---|---|---|---|---|---|---|---|---|
| deceased | has | stated | that | there |
was |
quarrel | between | |
| herself | and the |
accused | who | was | her sister |
-in-law | i.e. |
|
| her | husband’s | brother’ | s | wife | and, | therefore, | in | anger |
| she | went insi |
de |
her | house, | poured | kerosene | on | her |
| person | and set |
herself | on | fire. | In | the FIR |
(Exh.26) | |
| also | the decea |
sed | has | stated | that | because | of | the |
| quarrel, | which | took | pl | ace, | and the |
abusive |
language |
used by the accused, she poured kerosene on her person
in tension and set herself on fire.
The trial court, after considering the
| 3. | The | trial | court, | after | consideri | ng the | |||
|---|---|---|---|---|---|---|---|---|---|
| aforesaid | dying | decl | aration | s | and | the other |
evidence |
on | |
| record | and | the | judg | ment | of | the Supreme |
Court in |
the | |
| case | of | Rames | h | Ku | mar | vs. | State |
of Ch |
hattisgarh |
| reported | in | 200 | 1(4) | Cr | imes | 360 | (SC), in |
which it |
has |
| been | held | that | the | re | was | no | abetment | of the |
offence |
| caused | by | the | res | ponde | nt-accused | as |
contemplated | under | |
| Section | 10 | 7 | of | IPC, | has | acquitted | the | ||
| respondent- | accused. | F | rom | the | wording |
of the |
language | ||
| of | both | the | d | ying | d | eclarations | it is |
clear that |
there |
| was | no | instiga | tion | or | i |
nducemen | t made by |
the |
accused |
| for the |
decea |
sed | to | co | mmit | suici | de. The |
view take |
n by |
| the | trial | co | urt | can | not | be | said to be |
perverse | view. |
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On the contrary, it appears to be a correct view and,
therefore, there is no case for interference. Hence, leave refused.
(S.S. Parkar,J.)
(Anoop V. Mohta,J.)
2 issues framed by the court
Whether the High Court should interfere with the acquittal of the accused from an offence punishable under Section 306 of the Indian Penal Code.
Whether the trial court's view that there was no instigation by the respondent to commit suicide is a perverse view.
Colour shows how this judgement treated each authority
Ramesh Kumar vs. State of ChhattisgarhRelied on¶11
2001(4) Crimes 360 (SC)
2 provisions across 1 enactments
The State of Maharashtra
Savita Chandrakant Nalawade
S.S. Parkar
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
