NAVAL KISHORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 5.3.2010, passed by the High Court of Judicature at Bombay, Nagpur Bench, in Criminal Appeal No. 518 of 2004 whereby said appeal, filed by the Appellant Naval Kishore, was dismissed, and conviction and sentence recorded against him Under Sections 498A, 302 and 201 of Indian Penal Code (Indian Penal Code), by Additional Sessions Judge, Khampur in Sessions Case No. 75 of 1999, stood affirmed.

(2.) We have heard learned Counsel for the parties at length and perused the record.

(3.) Prosecution story in brief is that Appellant Naval Kishore got married to Jyoti (deceased) on 27.6.1992. After marriage she was harassed and subjected to cruelty by her husband and in-laws. On 15.7.1997, she was driven out of her matrimonial house with her two children, born from the wedlock, with regard to which a report was lodged with Police Station Ramdas Peth in Akola. While the proceedings relating to said case were pending, the Appellant went to parental house of Jyoti, and promised her and other relatives that he would not repeat the conduct. As such, the parents and brothers of Jyoti allowed her to go back to her matrimonial house on 24.11.1997. It appears that the Appellant again started beating his wife and continued to ill-treat her. On 23.4.1999, a telephonic information was received in the parental house of Jyoti that she has died due to burn injuries in Nandura, the place where the deceased was living with her husband. On the very day (23.4.1999) a First Information Report (Ex. 69) was lodged at Police Station Nandura by PW-1, Suresh Jain (brother of the deceased). On the basis of said report Crime No. 61 of 1999 was registered in respect of offences punishable Under Sections 306, 498A read with Section 34 Indian Penal Code against the Appellant, his brother Vinod Kumar, mother Krishnabai and maternal uncle Ishwar Bhagchand Jain. Meanwhile, the Appellant also gave a report regarding death of his wife due to burn injuries at the police station with a story that she committed suicide by setting herself on fire. Said report was recorded by the police as A.D. No. 16 of 1999.