VASANT NARAYAN PAWAR v. STATE OF MAHARASHTRA

Case Details & Bench

Court: High Court
Hon'ble Judges: V. R. Krishna Iyer
R. S. Pathak
Judgment Date: 1979-12-19
Court Decision / Holding: Special Leave Petition dismissed.
Final Disposition: Special Leave Petition dismissed.

Parties to the Case

Appellants / Petitioners

Vasan Narayan Pawar

Respondents

State of Maharashtra

Legal Representation & Advocates

Counsels for Petitioners

• Pramod Swarup (Amicus Curiae)

Counsels for Respondents

• H. R. Khanna
• M. N. Shroff

Case Synopsis & Summary

This Supreme Court judgment concerns a Special Leave Petition (Criminal) challenging a conviction for a wife-burning case. The accused, represented by an amicus curiae, challenged the interpretation of a dying declaration made by the deceased, who was burnt by her husband. The amicus contended that the dying declaration could be exculpatory for the accused husband, arguing that the declarant, while dying, stated that her husband should not be beaten. The Court, however, found that such a dying declaration cannot be converted into an exculpation of the accused; the sentiment expressed—rooted in cultural norms surrounding Indian womanhood—could not form a legally operative exculpatory statement. The judgment emphasizes the tragic frequency of wife-burning and calls for police sensitisation and legislative provisions to facilitate easier proof of such murders, especially given that the crime often occurs in the secrecy of the marital home. The Court dismisses the Special Leave Petition, indicating its stance that the trial and High Court convictions stand, while urging broader systemic reform to address violence against women. This decision underscores the cautious treatment of dying declarations and the imperative for evidence-based conviction regardless of poignant social sentiments.

Provisions of Law Cited

Section 32 of the Indian Evidence Act, 1872

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner, represented by amicus curiae, argued that the dying declaration made by the woman who was burnt by her husband could be exculpatory for the accused and not implicate him. The advocate pressed for treating the dying declaration as evidence that could exonerate the husband, contending that such a statement—where the dying declarant said her husband should not be beaten—reflects a legally operative sentiment and should not form the basis of conviction. The position urged was that the dying declaration, in this form, should be capable of cancellation of conviction if accepted as exculpatory.

Contentions of Respondents

The respondents’ counsel (H. R. Khanna and M. N. Shroff) defended the conviction, resisting the interpretation that the dying declaration could exonerate the accused. They argued for upholding the record evidence and maintaining the conviction, consistent with the trial and High Court findings. They supported the necessity of proper legal treatment of dying declarations, while not accepting a broad exculpatory reading of the declarant’s statement, and urged that the petition be dismissed so as to preserve the conviction and uphold the law’s stance on the admissibility and weight of dying declarations.

Extracted Judgment Text

Exact text extracted from official judgment records.

1209 VASANT NARAYAN PAWAR ,., ## j \ \ A B #### c D E F # ' .. ###,.._ STATE OF MAHARASIITRA _December_ 19, 1979 [V._ R. KRISHNA IYER AND R. S. PATHAK, JJ.J _JJy;ng_ _declaration-Relevancy-Even_ _though the deceased has been set_ _fire_ _to_ _by_ _her husband, while making a statement she pleads_ _that_ _her husband should not_ _be_ _beaten---JVhether such a request could_ _be_ _converted_ ~nto on~ _cxculpatil'e of the_ _accused-Section_ 32 _of the Evidence A ct._ Dismissing the special leave petition, th'e Court HELD : The statement by the dying tragic woman that her husband should not be beaten, even though she was dying having been burnt, cannot be conv'erted into one ..::xcuip"tive of the accused. This is a sentiment too toff..::hing for tears and stems from the values of the 'culture of the Indian womanhood. [1210A·BJ _Observation_ : Police sensitisation mechanisms which ~'ill prevent commission of crimes like wife burning must be set up if these horrendous crimes are to bf: avoided. Likewise, special provisions facilitating easier proof of such special class of rnurders on establishing certain basi~ facts must be provided for by appropriate legislation. Law must nse to the challenge of shocking criminology, especially ·when helpless women are the victims and the crime is committed in th'e secrPr;y of the husband's home. [1210C-EJ CRIMINAL APPELLATE JURISDICTION : Special Leave Petition (Criminal) No. 2636 of 1979. From the Judgment and Order dated 25-4-1979 of the Bombay tt;gh Court in Criminal Appeal No. 822/77. _Pramod_ _Swarup_ _(Amicus_ _Curiae)_ for the Petitioner. _H._ _R. Khanna_ and _M._ _N._ _Shroff_ for the Respondent. The Judgment of the Court was delivered by KRISHNA IYER, J.--Shri Pramod Swamp appearing as _amicus curiae_ G bas presented the case of the accused as effectively as the record permits. Indeed, he has gone to the extent of pressing into service points which do not appear to us to have any force. Moreover, be has tried to persuade us to believe that a dying declaration made by the lady who was burnt to death by the husband-accused-that i, the charge on which the trial court and the High Court have found the petitioner II guilty--is exonerative of the accused-husband and dues not implicate him as tl!.e Court has construed. The declarant as she was dyini: was 1210 StJPREMll COURT !!.!!PORTS [1980] 2 s.c.R. " conscious enough to make a statement and in one of the several statements she made, it would appear, she said when her husband was being beaten up that even though she had been burnt, her husband should not be beaten. This is a sentiment too touching for tears and stems from the values of the culture of the Indian womanhood. A wife when **B** #### c I) E Wife burning tragedies are becoming too frequent for the country to be complacent. Police sensitisation mechanisms which will prevent the commission of such crimes must be set up if these horrendous crimes are to be avoided. Likewise, special provisions facilitating **easier proof of** su~h **special class of** **murders** **on establishing ceitain** basic facts must be provided for by appropriate legislation. Law must rise to the challenge of shocking criminology, especialiy when helpless women are the victims and the crime is committed in th_e secrecy of the husband's home- We hope the State's concern for the weaker sections of the community will be activised into appropriate machinery nnd procedure. We dismiss the special leave petition. S.R. _Petition_ _dismissed._ GIPF-!38SCI/80-12 • 11-80 she has been set fire to by her !Jusband, true to her tradition, does not want her husband to be assaulted brutally. It is this sentiment which prompted this dying tragic woman to say that even if she was dying having been burnt, her husband should not be beaten. We are unable to appreciate how this statement can be converted into one cxculpative of the accused. Anyway, we are mentioning these facts only because Shri Pramod Swarup contended that they were weighty circumstances sufficient to cancel the conviction. -~ I ·-1