Rani & Anjali v. State Of Maharashtra,
2017 SCC Online Bom 175, Decided On 17.02.2017
The accused got married to the deceased husband and had a son out of the wedlock and since the day of marriage, the quarrels between the couple were common. There was a quarrel between both on 31st March, 2011 over some issue and on the same night at around 3:30 am, the accused set the deceased ablaze by pouring kerosene over him
- Whether there was any dying declaration?
- Whether the dying declaration if any has been proved beyond any doubt?
- Was there any premeditation by the accused?
- Was there any preparation done by the accused?
In appeal, the Court observed that the dying declarations were proved by the prosecution beyond reasonable doubt and came to the conclusion that the Appellant did commit the offence, as alleged by the prosecution. The Court further observed the dying declarations carefully and said that it appeared that the accused-Rani, in a heat of anger, due to quarrel took place in the night, poured kerosene on the person of Vaijinath and set him on fire. The Court elucidated that it was abundantly clear that, neither there was premeditation on the part of the accused, nor there was preparation for such commission of offence and the offence was the result of a sudden anger and quarrel on a trifle issue. The Court decided to take into account these mitigating circumstances noticed by it, it held that the offence committed by appellant would fall under Exception 4 of Section 300 IPC
Sec 300 exception 4 of the Indian Penal Code states that – “If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. “ Hence in the above case the wife burning her husband with kerosene makes it clear that such an act of her in all probability will cause death of the husband and further proceed to commit that without any excuse for incurring the risk of causing death or such injury as aforesaid.