Bombay HC upholds conviction of man, his wife for murdering his ‘second wife’ – Times of India

MUMBAI: Bombay high court upheld the conviction of a man and his wife for murdering his second ‘wife’ 24 years ago. The couple were convicted by a trial court in 2000 but were on bail for the last two decades.
A dying declaration by the victim after she was set on fire at 4.30am, was immediately recorded after she managed to escape and reach a hospital in Bhiwandi with 77 percent burn injuries, said additional public prosecutor Arfan Sait.
She had been admitted to hospital on September 4, 1997 and succumbed to the burn injuries on September 7, three days later, he said.
She had said both husband and wife poured kerosene on her and set her afire over arguments since she wanted to see her children from her previous marriage.
B G Tangsali, counsel for the couple, the HC judgment recorded had “vehemently submitted’’ that the trial Judge committed an error in appreciating the evidence, while rightly discarding the dying declaration.
The conviction was based on the narration given by the victim to the doctor. She had died of 100% burns and it was hard to believe she was conscious enough to speak, he argued.
The HC bench of justices PB Varale and justice N R Borkar accepted the dyeing declaration and after going through the record said, “we are unable to accept the submission that the dying declarations are doubtful or victim was tutored.”
The HC by its judgment on December 22 dismissed the appeal against conviction filed in 2000 by the couple, saying the death was homicidal and they were the authors of the crime.
The HC judgment also said, “In the spot panchnama, it can be seen that panchnama was drawn up in the morning and at that time there was a kerosene smell in the kitchen. One can containing kerosene, one burnt saree, and one burnt quilt, were found in the kitchen and the flooring was cleaned. If we consider this aspect of the matter, it can be said that Ratna did not sustain 100% burns accidentally or her attempt was to commit suicide. It is important to note that both the accused persons had not taken the defence that the Ratna had committed suicide. It was further found that floor was cleaned.’’
The HC also rejected the husband’s defence that he had carried her to the hospital as there was no supportive evidence. The HC said, “On the contrary, the evidence of PSI Shendage (Prosecution witness) clearly shows that the (victim) alone came to Bhiwandi Town Police Station in burnt condition and he deputed one constable to shift her to IGM, Hospital.”