VASANT NARAYAN PAWAR versus STATE OF MAHARASHTRA

VASANT NARAYAN PAWAR versus STATE OF MAHARASHTRA

The Court held that the statement by the dying woman that her husband should not be beaten, even though she was dying after being burnt by her husband, is a sentiment stemming from Indian womanhood and cannot be converted into an exculpatory statement for the accused. Accordingly, there was no reason to interfere with the conviction based on this statement.

Parties
Petitioner: Vasant Narayan Pawar; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
19 December 1979
Procedural Posture
Special Leave Petition (criminal) / Petition Against Judgment of the Bombay High Court in Criminal Appeal No. 822/77, Decided on 25 4 1979
Outcome
Petition dismissed
Legal Topics
Dying Declaration, Evidence, Wife Burning, Section 32 of the Evidence Act
Criminal Law Dying Declaration Evidence Wife Burning Section 32 of the Evidence Act

Case Brief

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Parties

Vasant Narayan Pawar

Petitioner

State of Maharashtra

Respondent

Procedural Posture

Special Leave Petition (criminal) / Petition Against Judgment of the Bombay High Court in Criminal Appeal No. 822/77, Decided on 25 4 1979

Legal Issues

  1. 1 Whether a dying declaration made by the deceased, wherein she requested that her husband should not be beaten, can be treated as exculpatory of the accused husband under Section 32 of the Evidence Act

Ratio Decidendi

The Court held that the statement by the dying woman that her husband should not be beaten, even though she was dying after being burnt by her husband, is a sentiment stemming from Indian womanhood and cannot be converted into an exculpatory statement for the accused. Accordingly, there was no reason to interfere with the conviction based on this statement.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed