{"id":58285,"date":"2002-03-19T00:00:00","date_gmt":"2002-03-18T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dadasaheb-mahadeo-ingale-age-27-vs-state-of-maharashtra-and-babalal-on-19-march-2002"},"modified":"2019-01-28T22:32:39","modified_gmt":"2019-01-28T17:02:39","slug":"dadasaheb-mahadeo-ingale-age-27-vs-state-of-maharashtra-and-babalal-on-19-march-2002","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dadasaheb-mahadeo-ingale-age-27-vs-state-of-maharashtra-and-babalal-on-19-march-2002","title":{"rendered":"Dadasaheb Mahadeo Ingale, Age 27 … vs State Of Maharashtra And Babalal … on 19 March, 2002"},"content":{"rendered":"
Bombay High Court<\/div>\n
Dadasaheb Mahadeo Ingale, Age 27 … vs State Of Maharashtra And Babalal … on 19 March, 2002<\/div>\n
Author: D Deshpande<\/div>\n
Bench: D Deshpande<\/div>\n<\/p>\n
<\/pre>\n
JUDGMENT<\/p>\n
 D.G. Deshpande, J. <\/p>\n
 1. Heard counsel for the appellant – accused
\nand learned APP for the State.\n<\/p>\n
 2. Accused is convicted under Section 306 of
\nIndian Penal Code and sentenced to suffer R.I. for ten
\nyears and fine of Rs.20,000\/- in default R.I. for two
\nyears, out of which compensation of Rs.15,000\/- is
\nordered to be given to the father of the deceased.\n<\/p>\n
 3. Prosecution case was that the deceased
\nParvin was the daughter of Babalal – complainant.
\nAfter his retirement he was residing at Padali, Taluka
\nKarad with his family. Some police constables used to
\nvisit the said village for Bandobast and in that the
\naccused got acquainted with Parvin, one of the three
\ndaughters of Babalal. Both of them fell in love and
\nthey married at Shirdi. Thereafter, both of them
\nstarted living together. Thereafter, accused got
\nacquainted with one Vandana (P.W. 5) he also developed
\nillicit relations with her. He used to go with her and
\nstay at Lodging house. However, the second hault at
\nthe lodge was frustrated because of the intervention of
\nsome people. There were quarrels between Parvin and
\naccused but this did not deter the accused in
\nmaintaining his relations with Vandana. On 14.4.1988
\nthere was Ambedkar Jayanti on that day Parvin saw the
\naccused carressing Vandana near their residential
\nquarter, therefore there was a quarrel between Parvin
\nand the accused. On that day itself she wrote letter
\nto her father expressing her plight and the mental
\nagony.\n<\/p>\n
 4. On receiving this letter, Babalal went to
\nPanchgani. However, accused threatened him.
\nThereafter Parvins brother went to Panchgani to see
\nParvin in May 1988. In June 1988 accused was
\ntransferred from Panchgani Police Station to Vathar
\nPolice Station. While packing of all the household
\narticles was going on at Panchgani, quarrel took place
\nbetween accused and Parvin, foster sister of Parvin
\nviz. Almas (P.W. 4) was there. At that time she had
\nintervened in the quarrel.\n<\/p>\n
 5. In this background on 22.7.1988 i.e. on the
\nsame day, according to the prosecution Parvin burnt
\nherself in order to commit suicide. Instead of
\nadmitting her in the Government Hospital at Wai, she
\nwas admitted in Mission Hospital at Wai, by the
\naccused. Parvin died as a result of 65% burn injuries
\non 26.7.1988. Thereafter Parvins father produced the
\nletter written by her and then the accused came to be
\nchargesheeted, after investigation. The trial court
\nbelieved the case of the prosecution and convicted the
\naccused as above, and hence this appeal.\n<\/p>\n
 6. Learned counsel for the accused – appellant
\ncontended that conviction of the accused under Section
\n306 I.P.C. was wrong in as much as the prosecution has
\nfailed to prove beyond reasonable doubt that Parvin
\ncommitted suicide. He pointed out that Parvin died as
\na result of catching fire accidently, and secondly
\naccording to him witnesses examined by the prosecution
\ndid not inspire confidence and there was no material at
\nleast sufficient material to hold that the accused
\nappellant has abated the commission of suicide.\n<\/p>\n
 7. On the other hand, learned APP contended
\nthat the trial court who had opportunity to observe the
\ndemeanor of the witnesses has heavily criticised the
\naction of the police officers in the instant case which
\nwas just to protect the accused at any cost and to
\nprove investigation favouring the accused. He
\ntherefore contended that the evidence of Vandana and
\nletter (Exhibit 14 ) written by Parvin to Babalal, and
\nthe evidence of the neighbour of the accused who was
\nalso a constable were sufficient to prove the
\nprosecution case of abatement of the suicide.
\nTherefore the conviction was proper.\n<\/p>\n
 8. So far as criticism of the trial court
\nregarding conduct of the police officer is concerned,
\nit is fully justified. The circumstances noted out and
\npointed out by the trial court as against the conduct
\nof the police officers who were investigating the
\noffence are sufficient to hold that police officers
\nwere trying to protect the accused at every cost.\n<\/p>\n
 9. This apart, the question is whether the
\nprosecution succeeds in proving that Parvin committed
\nsuicide or accused succeeds in proving that it could be
\nthe case of accidental death.\n<\/p>\n
 10. In order to contend that it was an
\naccidental death, counsel for the accused – appellant
\npointed out that as per the panchnama kerosene lamp was
\nfound in the room with little kerosene in the lamp and
\naccording to the accused Parvin caught fire while
\nigniting the said lamp and not by committing suicide.
\nThe observations of the trial court in this regard on
\npage 77 are as under:\n<\/p>\n
  “Secondly the tin lamp (chimani) has been
\nstated to be the cause for the accidental
\nfire. According to the defence, version
\nbrought on record through the admission of
\nAlmas is that the deceased at the relevant
\ntime in the darkness was trying to ignite
\nthe lamp, having Baby of 2.1\/2 months
\nagainst her waist, and in the said course
\nthe lamp titled and spilted kerosene and the
\nburning cotton wick of the said lamp caused
\nfire. On minute scrutiny of the said lamp,
\nI found the said cotton wick without any
\ndamage on its lower end, which sucks and
\nsupplies frame.”\n<\/p>\n
 Counsel for the accused submitted that the observations
\nof the court below are wrong. “The end of the wick”
\nabout which the court has made the comments was the end
\ninside the glass container and dipped in kerosene.
\nThis end does not catch fire because it is inside the
\nglass container but the other end which is outside the
\nholder catches fire, and therefore the conclusion
\narrived at by the trial court is wrong. It appears
\nthat there is some grain of truth in what is argued by
\nthe counsel for the accused in this regard. However,
\nthe panchnama Exhibit 12A dated 23.7.1988 shows that
\nthere was a smell of kerosene to the clothes, that
\nthere was one black can smelling of kerosene and on the
\ntiles there is a water and kerosene on different
\nplaces. This shows that kerosene was used in large
\nquantity. Admittedly, the capacity of chimni or lamp
\nto hold kerosene is very limited and even if that much
\nkerosene spreads it cannot lead to the accident as
\nnoted in the panchnama. In addition the court has
\nobserved that Exhibit 5 which was a saree of Parvin on
\nher person did not have even 1% damage by fire on any
\nside. Thirdly, she had suffered 65% of burns, and all
\nthese three circumstances therefore nullifies the
\ncontention of the accused that it is an accident and
\nnot suicide. Flame of the burning lamp is very very
\nsmall and tiny and therefore if Parvin had caught fire
\nbecause of that, she would have easily extinguished the
\nfire by her own hands. Panchnama does not show that
\nthe lamp had broken and the kerosene in the lamp had
\nspread nor that Parvin suffered 65% of burns as soon as
\nshe caught fire. Use of kerosene on large scale is
\nnecessary and considering the observations in the
\npanchnama, it is clear that kerosene was used by Parvin
\nto spread over her body.\n<\/p>\n
 11. In the circumstances the defence of the
\naccused that Parvin might have died as a result of
\naccident does not stand to reason and it is merely
\nhypothesis without any support from the record. It has
\ntherefore to be accepted as has been done by the trial
\ncourt that Parvin died of suicide.\n<\/p>\n
 12. Second question is whether the accused can
\nbe held guilty of abatement. In that regard the trial
\ncourt has relied upon the evidence of Vandana and the
\nneighbour and other circumstances i.e. evidence of
\nBabalal and the letter written by Parvin. It is this
\nletter which is weighed heavily by the trial court
\ncoupled with the evidence on record to come to the
\nconclusion of the guilt of the accused. This letter is
\nat Exhibit 14. It is written on the same day when
\nParvin noticed illicit behaviour of accused with the
\nsaid Vandana. The letter is properly proved and it
\nreveals the mental state of Parvin on account of the
\ntreatment given to her by the accused. Most
\nsurprisingly enough the prosecution could examine
\nVandana and in her evidence she has stated the manner
\nin which she got acquainted with the accused, she
\nstayed with accused for one night in the lodge. She
\nstated that when she was returning to Panchgani she met
\nParvin who questioned her about her stay and Parvin
\nalso requested Vandana to keep herself away from her
\nhusband whereupon Vandana protested that the accused
\nwas trying to contact her on public road, though she
\ndid not desire and he used to misbehave with her like
\nroad side romeo. She also stated that because of the
\nsaid behaviour she had to give up her services. She
\nadvised Parvin to control the accused. She has also
\nnarrated about the incident that took place on Ambedkar
\nJayanti behind the police station. This evidence of
\nVandana goes a long way against the accused because
\nfirstly because no woman would come to the court and
\ndepose about her illicit relations and give such
\nadmissions. It is true that in her cross-examination
\nshe has admitted that because of her suspicion of
\nrelations between Vandana and accused Parvin used to
\nquarrel. But this admission does not carry any
\nimportance because of the admission in the examination
\nin chief given by Vandana that she had stayed with the
\naccused in lodge and that she was questioned by Parvin.
\nThis evidence of Vandana is sufficient to prove the
\nillicit relations and its knowledge to Parvin before
\ncommission of the suicide. Second evidence is of
\nNathaji (P.W. 6) who was a neighbour of the accused.
\nHe was also a Police Constable and he has stated that
\nthere used to be quarrels between the accused and
\nParvin and one of the reason of the quarrel was illicit
\nrelations of the accused with Vandana. In the
\ncross-examination the defence has not been able to
\nfalsify this witness or create doubt about its
\ntestimony. Apart from these witnesses, evidence of the
\nfather and brother of Parvin also strongly supports the
\nprosecution case of ill-treatment. Babalal is examined
\nas P.W. 2. He has clearly admitted that he was
\nagainst Parvin eloping with the accused and marrying
\nhim. He has stated about receipt of letter dated
\n14.4.1988 (Exhibit 14). He has stated that after
\nreceiving this letter he went to Panchgani to take
\nParvin but the accused did not permit him to speak with
\nParvin who was in the hospital i.e. dispensary and on
\nthe contrary he threatened Babalal to leave the room.
\nThereafter, Babalal has stated “I therefore allowed my
\ntears to roll on my cheek and returned by S.T. to my
\nvillage Padali.” He has stated that thereafter he sent
\nhis son Nijamuddin to Parvin. Parvin asked Nijamuddin
\nto leave her house immediately otherwise accused would
\nhave beaten him.\n<\/p>\n
 13. Babalal has further stated that when Parvin
\nwas admitted in the burns ward, he talked with her,
\nthereupon she told him about the harassment and cruelty
\nshe has suffered. However, he was confronted with his
\nstatement to the police and this appears to be an
\nomission on his part. Therefore, the so-called oral
\ndying declaration given by Parvin to Babalal cannot be
\nbelieved. But other evidence of this witness Babalal
\nhas helped the prosecution case in proving the
\nbehaviour of accused with Parvin. Nijamuddin is the
\nbrother of Parvin. He has talked about Exhibit 14
\nletter written by Parvin. He has proved to be in her
\nhandwriting and has stated that after receiving the
\nletter he went to Panchgani to see her but Parvin asked
\nhim to go because she was afraid that accused would
\nbeat him.\n<\/p>\n
 14. Next witness is Almas Shaikh (P.W. 4). She
\nhas stated that Parvin used to visit her house
\nfrequently, that the accused used to beat her after
\nconsuming liquor, that the accused had mistress by name
\nVandana and it was for these reasons that Parvin was
\nbeaten. Parvin also used to narrate her about the
\nill-treatment given to her by the accused. Then she
\nhas narrated one incident that took place on 22.7.1988
\ni.e. on the same day of committing suicide. Counsel
\nfor the accused tried to exploit the admission given by
\nthis witness that Parvin told her in the hospital that
\nshe was trying to ignite chimni with her minor son in
\nher hand and in that process she lost balance and fell
\non the chimni, the lamp splited kerosene and she caught
\nfire. She has also admitted that the Magistrate was
\ncalled and dying declaration was recorded in her
\npresence and in the presence of doctor.\n<\/p>\n
 15. Counsel for the accused tried to contend
\nthat if dying declaration of Parvin was recorded and it
\nwas favourable to the accused it was the duty of the
\nprosecution to produce the same on record and prove it
\nand since prosecution has failed to prove dying
\ndeclaration, adverse inference should be drawn against
\nthe prosecution.\n<\/p>\n
 16. As against this, it is brought to my notice
\nby the learned APP that even if the prosecution did not
\ntry to prove the dying declaration, the accused had
\ngiven an application for examining S.E.M. who recorded
\nthe dying declaration, that application was allowed by
\nthe court, summons was also ordered to be issued to the
\nMagistrate but then ultimately and lastly accused did
\nnot examine the said S.E.M. and informed him
\naccordingly that he does not wish to examine the S.E.M.\n<\/p>\n
 17. If this is so then it is clear that even
\nthough according to the accused the said dying
\ndeclaration was in his favour and he had taken steps to
\nexamine the S.E.M. and ultimate withdrawal from that
\nstand by the accused and refusal to examine the S.E.M.
\nare circumstances going against the accused. Firstly,
\ntherefore no adverse inference against the prosecution
\ncan be drawn and secondly no inference can be drawn
\nthat that dying declaration was favourable to the
\naccused.\n<\/p>\n
 18. The most important piece of evidence
\ntendered by the prosecution is letter (Exhibit 14)
\nreferred to above. It is forming part of the record.
\nParvin has expressed her regrets for marrying the
\naccused against the advise of her father, she had
\ninformed that she is in great trouble and he should
\nimmediately come to see her. She has also intimated
\nthat if anything dangerous happens to her, the letter
\nshould be kept safely. That she is being beaten and
\nthought of killing her is going on. She has asked the
\nfather to treat the letter as telegram and she has
\nstated that she cannot say anything about her own
\nsurvival. This letter is properly proved to have been
\nwritten by Parvin and Babalal has stated that after
\nreceipt of this letter he went to see Parvin but
\naccused did not allow him to meet Parvin and to the
\ncontrary threatened him. Thereafter, brother of Parvin
\nalso was not permitted by the accused to stay in the
\nhouse because of fear of the accused.\n<\/p>\n
 19. All the circumstances, namely, illicit
\nrelations with Vandana, admission by Vandana in that
\nregard, evidence of the neighbour, letter Exhibit 14
\nand evidence of Babalal- father of Parvin and
\nNijamuddin – brother of Parvin are therefore sufficient
\nto hold that accused abated commission of suicide. For
\nall these reasons judgment of the trial court is
\nrequired to be maintained.\n<\/p>\n
 20. Counsel for the appellant – accused lastly
\nsubmitted that looking to the circumstances of the
\ncase, the age of the accused and that the incident has
\ntaken place 13 years ago, sentence should be reduced.
\nI am therefore passing the following order :\n<\/p>\n
 ORDER  <\/p>\n
 21. Appeal is partly allowed. Conviction of the
\nappellant-accused is upheld. However, his sentence is
\nreduced from ten years to seven years. Rest of the
\nimpugned order to remain the same. Accused to
\nsurrender before the trial court within four weeks from
\ntoday. Thereafter, his bail bond shall stand
\ncancelled. Appeal disposed of accordingly. Certified
\ncopy expedited.<\/p>\n","protected":false},"excerpt":{"rendered":"
Bombay High Court Dadasaheb Mahadeo Ingale, Age 27 … vs State Of Maharashtra And Babalal … on 19 March, 2002 Author: D Deshpande Bench: D Deshpande JUDGMENT D.G. Deshpande, J. 1. Heard counsel for the appellant – accused and learned APP for the State. 2. Accused is convicted under Section 306 of Indian Penal Code […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[11,8],"tags":[],"class_list":["post-58285","post","type-post","status-publish","format-standard","hentry","category-bombay-high-court","category-high-court"],"yoast_head":"\nDadasaheb Mahadeo Ingale, Age 27 ... vs State Of Maharashtra And Babalal ... on 19 March, 2002 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/dadasaheb-mahadeo-ingale-age-27-vs-state-of-maharashtra-and-babalal-on-19-march-2002\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dadasaheb Mahadeo Ingale, Age 27 ... vs State Of Maharashtra And Babalal ... on 19 March, 2002 - 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