Full Text
IN THE SUPREME COURT OF INDIA
CRIMINALAPPEAL NO……………………OF 2026
(@Special Leave Petition (Crl.)No.13899 OF 2025)
SHANKAR … APPELLANT(S)
JUDGMENT
2. Shankar, the appellant was accused of having beaten up, poured kerosene over his wife – Sugna Bai, and killed her by setting her on fire. The Trial Court, Sessions Judge, Bundi, in Sessions Case No.249/2012 in terms of judgment dated 10.12.2014 sentenced him to life imprisonment under Section 302 and rigorous imprisonment for one year under Section 342, Indian Penal Code 18601. Fines of Rs.1000/- each for both the offences was also imposed, and simple imprisonment for one month was indicated to be suffered by him in the event of default. Criminal Appeal No.65 of 2015 was dismissed by the learned Division Bench by judgment dated 20.08.2019. Shankar, now is before this Court, asking us to overturn his concurrent conviction.
3. The facts, leading up to the position as indicated above was that the deceased had married the appellant about a month prior to her death on 19.10.2012 and within approximately 20 days the relationship had taken a sour turn on account of alleged excessive consumption of alcohol and the former possessing a violent streak. The deceased had apparently gone to her parental home when the appellant demanded that she return home immediately and make fresh food for him. While she was complying with such a demand, the appellant beat her up and, while doing so was allegedly drunk. Although she managed to free herself and move away, the appellant allegedly poured kerosene and threw a lit matchstick on her. Resultantly, she screamed causing the neighbours and those nearby including the appellant, to come to her aid. This included pouring water and also using blanket to quell the flame. Parents of the deceased who had, by this time, IPC reached the scene of incident called the ambulance and she was taken to MBSH Hospital, Rajasthan for treatment.
4. The FIR was recorded as under: “Statement Smt. Sugna Bai W/o Shankar D/o Bheru caste Bhil age 20 years R/O Near Power House, Dabi PS, Dabi District Bundi, presently Dhaneshwar PS, Dabi District Bundi (Rajasthan), under treatment, admitted in Burn Ward, Bed No.3, MBSH Hospital (Rajasthan), Date 15-10-12, Time 5.20 pm, on request, stated in the form that I was living with my husband at the above mentioned address in a rented room in the house of Shri Gulab Chand S/o Gajanand Ji Kalal in village Dhaneshwar, my parental home is also in village Dhaneshwar. About a month before my relationship with my x-husband Ramesh S/o Nanda caste Bhil resident of Dabi broke down, with the consent of my parents, I had a love married with Shankar S/o Modhu caste Bhil resident of Dabi, presently Dhaneshwar. He kept me well for about 20 days, but for the last 10-12 days, my husband Shankar used to beat me up after drinking alcohol every day and did not allow me to talk to anyone. Today, on 15-10-12, at about 12:30 PM, I had gone to my father’s house to meet my mother, where my husband Shankar came and said, come home and make rotis, I am hungry. As soon as I said that, I came from home to our rented room and came and started cutting ladyfinger to make vegetables. Then my husband Shankar came who was drunk. As soon as he came, he started beating me with kicks and punches and strangled me, from which I was freed with great difficulty. Then a plastic bottle kept in the room was filled with about half a bottle of kerosene oil. He locked the room from inside and poured kerosene on me and set me on fire with a matchstick and opened the latch from inside and ran away. When I shouted, he came back outside and threw a blanket on the fire on my body. At that very moment, the tenant living in the adjacent room, whose name and address I do not know, came running. My husband ran outside and the tenant woman poured water on me and after wetting the blanket, put it on me then my fire was extinguished. Later whoever heard about it came running. Somebody informed my parents and they also came running to my room and called 108 ambulance, which brought me for treatment and got me admitted to Bada Safakhana Kota, where I am undergoing treatment. Due to the burns, my whole body including face has blisters and the skin has torn. SD Ni. Thumb impression Sugna Bai Police Station Debi District Bundi Bumukam MBSH Burn ward Kota/Date 15-10-12 Time 5.45 PM Action Police. It is certified that the above mentioned form statement of the victim Smt. Sugna Bai W/O Shankar D/O Bheru caste Bhil age 20 years R/O present Dhaneshwar Jair admitted in Burn Ward Bed No. 3 MBSH Kota, should be written down word by word as per the statement given by the victim, please read it out loud and consider it to be correct. When the body of the victim was examined, the skin on forehead, left cheek, beard, hands and entire body was burnt due to fire. This has happened. They will be medically examined. Text of the form. From the search and inspection, the case falls under sections 323,307 IPC, hence, a case was registered at the return at police station. ASI was busy on the spot and investigation was commenced. Sd Inspector Thumb Sugana Bai Sd Gopal Lal ASI PS-Dabi/Date 15.10.12 Time 10 PM. Police action Taken- The above mentioned form statement of Smt. Sugana Bai W/o Shankar caste Bhil, age 20 years R/O near Power House, Dabi, presently Dhaneshwar PS Dabi ( Bundi), under treatment, admitted in MBS Hospital Burn Ward Bed No. 3, Kota was brought and presented by Gopal Lal ASI I/C police station. From the written form statement, the crime under section 323, 307 IPC is found to fall under the category, hence, case No. 220/12, Section above, was registered and investigation was started.”
5. Upon completion of investigation, challan was presented for trial. To establish its case, the prosecution examined 15 witnesses and exhibited 23 documents. The accused did not lead any oral evidence and only furnished only one document in defence. In his statement under Section 313 Code of Criminal Procedure, 1973[2] he pled innocence and deliberate false implication. The findings of the Trial Court are tabulated as below:
┌────────────────────────────────────────────────────────────────────────────────┐ │ Sl.No. Point for Relevant Conclusion │ │ consideration paragraphs │ ├────────────────────────────────────────────────────────────────────────────────┤ │ 1. Whether the death of 9-13 Death of Sugna Bai │ │ Smt. Sugna Bai was not was not natural and │ │ natural but was caused caused by injuries │ │ as a result of the injuries due to igneous │ │ caused by the burning of substance. │ │ her body with fire │ │ substance before death. │ │ Cr.PC │ │ Crl.A…of 2026 @ SLP(Crl)No.13899 of 2025 Page 5 of 18 │ │ 2. Did the accused │ │ Shankar voluntarily │ │ restrain his wife Smt. │ │ Sugna Bai Bhil The prosecution has │ │ (deceased) in a rented been successful in │ │ room in the house of proving the │ │ Gulab Chand Kalal offences against the │ │ situated in Munja appellant under │ │ Dhaneshwar at about Sections 342 and │ │ 12-12.30 PM on 302 IPC beyond │ │ 15.10.2012 and reasonable doubt. │ │ wrongfully confined her │ │ by locking the room │ │ from inside. │ │ 14-55 │ │ Whether the accused │ │ Shankar with the intent │ │ to commit culpable │ │ homicide of his wife │ │ 3. Smt. Sugna Bai Bhil, on │ │ the said date, time and │ │ place, voluntarily brunt │ │ her by pouring kerosene │ │ oil on her body and │ │ setting her on fire with │ │ an igneous substance │ │ (match stick) and as a │ │ result of the injuries │ │ caused by the burning │ │ she died on 19.10.2012 │ │ at 7 .a.m. in Maharao │ │ Bhim Singh Hospital, │ │ Kota, while undergoing │ │ treatment. Under these │ │ circumstances the │ │ accused committed the │ │ murder of his wife Smt. │ │ Sugna Bai Bhil. │ │ Crl.A…of 2026 @ SLP(Crl)No.13899 of 2025 Page 6 of 18 │ │ 4. If yes then what will 57-64 Particulars │ │ be the punishment? already │ │ mentioned in │ │ para 1 (supra) │ └────────────────────────────────────────────────────────────────────────────────┘
16. Yet, despite this sustained intervention from different branches of Government, empirical data shows that all is not well. It presents a sobering picture indeed. As per the National Crime Records Bureau, more than 4.48 lakh crimes against women were recorded in 202313. Dowry-related violence continues to claim over 6,000 lives annually, revealing the persistence of practices that have long been outlawed. Complaints before the National Commission for Women also consistently show domestic violence as one of the most reported https://www.ncrb.gov.in/uploads/files/1CrimeinIndia2023PartI[1].pdf grievances14. What makes this reality particularly troubling is the context in which it exists. India has experienced significant economic growth, rising literacy, and increased participation of women in education and the workforce. Gender Roles do not apply strictly anymore in many urban areas. One cannot assume that all house-hold related work falls to the woman, whereas it is only the male who is tasked with bread winning. Yet, in rural and semi-urban scenarios, patriarchy remains a facet of everyday life. Authority within the household is still overwhelmingly male, and women’s autonomy is often conditional and constrained. Even if the woman earns, it would still be expected of her that she would set the house right before leaving for work, and busily engage herself in similar work including preparation of meals, when she returns from work.
17. The coexistence of progress and violence signals to a paradox. Legal and economic advancements are visible on a macro-level, but patriarchy still permeates the everyday. Dowry is outlawed and has been for decades but the social legitimacy that sustains it is yet to be dismantled. Welfare schemes can incentivize education, but cannot alter long-held beliefs about women’s roles within marriage and family. As a result, practices such as domestic abuse or even extreme acts like burning a wife https://ncwapps.nic.in/frmReportNatureState.aspx?Year=2023; https://ncwapps.nic.in/frmReportNatureState.aspx?Year=2024; https://ncwapps.nic.in/frmReportNatureState.aspx?Year=2025 (such as in this case) persist not as aberrations, but as indications of a disease afflicted social order.
18. After decades of laws, schemes, reforms, and judicial recognition of equality across workplaces, homes, personal relationships, and even the armed forces, why does the control over women’s bodies, choices, and lives still persist so deeply within society? Perhaps, the answer lies only with “We, the People of India”. Pending applications, if any, shall stand disposed of. …………………………….…………...…..J. (SANJAY KAROL) ……………………………………………..J. (NONGMEIKAPAM KOTISWAR SINGH) New Delhi April 2, 2026