Journalism of Courage
A dying declaration made orally by a woman whose throat was slit,got her former husband a life term despite the defence trying to prove that one whose throat is slit cannot speak. In the rare case,the prosecution established that the degree of injuries on the throat could not have prevented speech. The court admitted the declaration as evidence.
Based on this and other evidence,Additional Sessions Judge Usha Thakare awarded life imprisonment to Anil Satav (35) of Lavale for murdering Smita Dudhal in 2004.
The Prosecution had said that in her statement to her brother Sachin and others,Smita had held Satav responsible for the attack in which she got 35 injuries including that on the throat. She died a day later.
The defence tried to counter the prosecution by trying to prove,by examining independent witness Nandkishore Gosavi,an ENT specialist,that the dying declaration could not have been given as her throat was slashed. Gosavi stated before the court that it was not possible for the victim to speak as her vocal chord was damaged. Gosavi,during cross-examination by Additional Public Prosecutor Ujjwala Pawar,however,said that a person could speak if the vocal chord,intra-jugular vein and vagus nerve are partly damaged.
The court admitted the dying declaration as evidence.
We also submitted Smitas diary in which she stated she felt threatened by Satav, Pawar said. Considering these evidences and the testimony of some witnesses who had seen Satav fleeing Smitas home,judge Thakare awarded Satav life term and slapped a fine of Rs 25,000.
In 1997,Satav had married Smita who divorced him in June 2004 after he harassed for dowry,the prosecution had stated. Satav nursed a grudge and threatened her. Smita had even given an application to the assistant commissioner of police saying her life was in danger.
Satav was unemployed when he committed the crime but was earlier with an international automobile company in Pune,Smita,with a masters in computer application,worked with a well-known biotech firm.
On December 11,2004,she was alone at her house in Chinchwad,when Satav entered and attacked her. Satav had been absconding for nine months after the incident. Chatushrungi police had arrested him on September 10,2005.
