RAVINDRA TUKARAM HIWALE Vs. STATE MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was married with the deceased Alka after the death of his first wife. As per the prosecution story at about 7.00 a.m. on 6th February, 1990 the deceased suffered serious burn injuries in the kitchen of the house and ultimately died of those injuries. It is the prosecution case that at about 8.30 a.m. on the 9th February 1990 she made a dying declaration to PW.10 - a Police Head Constable, in which she stated that she had a quarrel with her husband over the house-hold chores and over the feeding of the children and she had thereafter poured kerosene on herself and then burnt herself.

(3.) The Trial Court on a consideration of the evidence convicted the appellant for offences punishable under Section 498A and to a sentence of one year and under Section 306 to a sentence of four years. The appellant thereafter filed an appeal in the High Court of Bombay whereas the State of Maharashtra also filed an appeal pleading for a higher sentence. The appeal filed by the appellant was dismissed. The appeal filed by the State was allowed and the sentence awarded by the Trial Court under Section 306 IPC was enhanced from four to six years. It is in this situation that the matter is before us.