SHIVAJI VEDU SALUNKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal challenging the judgment and order convicting the present appellant-sole accused in Sessions case No. 77/93 arising out of Crime No. 201/ 93 of Azadnagar Police Station, Dhule. By the impugned judgment delivered on 30. 6. 1994, the learned Additional Sessions Judge, Dhule, was pleased to record a finding of guilty against the appellant-accused for the offences punishable u/s. 302, 498-A of the Indian Penal Code. He is sentenced to suffer life imprisonment and fine of Rs. 1,000/-, in default rigorous imprisonment for 3 months as far as offence punishable u/s 302 of the Indian Penal Code is concerned and no separate sentence is awarded for the offence punishable u/s 498-A of the Indian Penal Code.

(2.) THE prosecution story as unfolds from the evidence led before the trial court in nut-shell is as follows : deceased Shashikala was wife of present appellant-accused. P. W. I Shevantabai is mother of deceased Shashikala. Deceased and accused were married about 12 years back and at the time of incident that occurred on 29. 5. 1993, the couple had a daughter named Nirmiti aged 7 years. Deceased Shashikala having done her post-graduation in Arts faculty was working as Anganwadi teacher at village Pimpri Tq. and Dist. Dhule. At the material time, accused and the deceased were occupying part of the house situated on Warkhedi road, Dhule, which is owned by P. W. Leelabai Motiwale, as tenants. Deceasedlaxmi Singh Vs. State of Bihar, AIR 1976 SC 2263 to attend her duty at village Pimpri by staying at Dhule. The accused is working as Clerk with Post Office, Dhule. It appears to be the contention of the prosecution that during 12 years of matrimonial life, there were occasions of deceased Shashikala being illtreated by the accused and on one occasion a complaint was also lodged with Azadnagar Police station, Dhule, about the same in the past, to be precise on 6. 11. 1992, the alleged incident took place on the night between 28th and 29th May, 1993. On the 28th evening, Shashikala had been to attend wedding near Agrawal Bhawan. She returned home at about 9. 30 or 10 p. m. The accused was at home. The daughter had been to stay with the grand-mother (P. W. I Shevantabai) and, therefore, was not at home. The husband had finished his meals and he was drunk. Shashikala claims that husband was liquor addict. As Shashikala came, husband started abusing her. He also accorded threats to murder Shashikala, as well as her mother. It is the contention of Shashikala that the husband was quarreling, abusing and even beating her the whole night and at about 3 or 3. 30 a. m. of 29. 5. 1993, he poured kerosene from plastic can on the person of Shashikala and set her ablaze with a match stick. Hearing the shouts of the deceased, land-lady Leelabai and her son Ajay are said to have come to the spot and extinguished the fire. Thereafter, Leelabai took deceased Shashikala as well as accused to Civil Hospital, Dhule, by a rickshaw and her son Ajay went to mother of Shashikala for reporting the incident. On the basis of requisition from Police Station Officer. , P. W. 5 Yeshwant Sonar who was then working as Executive Magistrate, Dhule, went to Civil Hospital on 29. 5. 1993 and he recorded a dying declaration of Shashikala between 6. 30 a. m. to 7 a. m. He also seems to have recorded "dying declaration" of the accused between 7. 10 a. m. to 7. 25 a. m. i. e. immediately after recording the dying declaration of Shashikala. The record shows that P. W. 3 Yeshwant Tembhekar, P. S. I. , Azadnagar Police station, Dhule, on receipt of information from Police Station Officer that Shashikala was admitted to Civil Hospital with 100% bum injuries proceeded to Civil Hospital by taking Executive Magistrate with him. He allowed the Executive Magistrate to record the dying declaration of Shashikala and after the Executive Magistrate had completed the same, he again requested the doctor in attendance to accompany him and recorded the statement of Shashikala in presence of the doctor. This statement of Shashikala appears to have been recorded between 8. 20 a. m. to 9 a. m. and the same is treated as first information report and offence is registered on the basis of the same. Shashikala succumbed to her bum injuries on 31. 5. 1993 and, therefore, the offence which was initially registered as offence u/ss. 307 and 498-A of the Indian Penal Code was converted u/ss. 302 and 498-A of the Indian Penal Code.

(3.) IN the trial Court, accused has not disputed the relations with deceased and witnesses as also details regarding marriage, employment and even death of shashikala by burning. However, he has denied having illtreated Shashikala since long prior to the death. He has denied practically all the details of the alleged incident, as pleaded by the prosecution except the fact that Shashikala and himself were taken to hospital by rickshaw with P. W. Leelabai which was brought by P. W. Ajay. According to him, Shashikala made a false statement as instructed by her mother although he has admitted the Executive Magistrate having recorded the statement of Shashikala. He has also denied the contents of the two dying declarations as recorded by the Executive Magistrate as well as P. S. I, when those were put to him during the course of his statement u/s 313 of the Code of Criminal Procedure, 1973. It is his contention that he did not illtreat Shashikala either physically or mentally. He denies to have poured kerosene or to have ignited his wife. He has also filed a brief written statement, at the conclusion of statement u/s 313 of Cr. P. C. contending that he had tried to extinguish his wife when she was burning and in the process he received bum injuries all over his body to the extent of 45%. He has repeated that in both the statements recorded by Police Officer as well as executive Magistrate, Shashikala has falsely implicated him at the tutoring by her mother.