STATE OF MAHARASHTRA Vs. SAMPAT BABSO KALE

JUDGEMENT

(1.) This appeal is preferred by the State of Maharashtra challenging the judgment and order dated 20th March, 1991 passed by the learned Sessions Judge, Pune in Sessions Case No.33 of 1990. By that judgment, learned Sessions Judge, Pune acquitted the respondents accused of the Charge under Sections 302 and 409A Indian Penal Code, 1860 (for short 'IPC') individually and also under Sections 302 and 498A read with Section 34 IPC. Respondents no.1 and 2 shall hereinafter be referred as accused no.1 and 2, respectively. The facts and circumstances, giving rise to the filing of this appeal preferred by the State, are as under.

(2.) The accused were prosecuted on the allegations that they subjected deceased Sharada to cruelty and on or about 9th July, 1989 at about 1:30 am. in Room No.6 situate at M.I.D.C. Colony, Chinchwad, they intentionally poured kerosene on her body and set her on fire. Deceased Sharada was daughter of PW 4 Sarjerao Bajirao Dhaigude who is resident of Nira. Marriage between the deceased Sharada and accused no.1 Sampat took place on 25th April, 1987 at Lonand. After the marriage, accused no.1 Sampat and deceased Sharada cohabited at Thergaon, near Chinchwad, Taluka Pune for about one year. Thereafter, they shifted to the quarter in M.I.D.C. Colony, Chinchwad. Accused No.1 Sampat and Sharada used to visit PW 4 Sarjerao at Nira at the interval of 3 to 4 months. The used to stay over night at his residence. It is the case of prosecution that for a period of one and half year after the marriage accused no.1 Sampat treated deceased Sharada well. However, thereafter, he started illtreating her. Deceased Sharada told her father PW 4 Sarjerao that accused no.1 used to express that he would desert her because she could not conceive. He threatened her that on that ground he would discard her. Even accused no.2 Tarabai used to express displeasure as deceased Sharada was not in a position to conceive. She used to instigate accused no.1 Sampat for discarding Sharada. PW 4 Sarjerao called accused no.1 Sampat and told him to bear with time as only one and half year had passed since the marriage. However, there was no change in the attitude of accused no.1 and he continued to illtreat deceased Sharada. It is the case of prosecution that accused no.1 started looking for other alliance which was told to PW 4 Sarjerao by his relative PW 6 Narayan Laxman Kare.

(3.) It is the case of prosecution that at about 1:30 hours on 9th July, 1989 both the accused either individually or in furtherance of their common intention poured kerosene on the clothes and body of deceased Sharada and set her on fire. Accused no.1 Sampat and the persons residing in the vicinity took Sharada to Sassoon Hospital at about 2:30 am. PW 5 Dr.Chibbar admitted Sharada in ward no.27 which is otherwise known as Burn Ward in Sassoon Hospital, Pune. He examined her and found that Sharada sustained 98% burn injuries. Requisite arrangements were made for calling PW 2 Kamlakar Adhav, Special Judicial Magistrate, Pune. At about 3:30 am or 3:45 am PW 2 Kamlakar Adhav recorded dying declaration of Sharada at exhibit 16. It is the further case of prosecution that on 9th July, 1989 accused no.1 gave phone messages to neighbour of PW 4 Sarjerao that he (PW 4) and brother of accused no.1 were immediately called to Pune. Accordingly, PW 4 Sarjerao went to Lonand and contacted brother of accused no.1. Thereafter, they left for Pune and came to the residence of accused no.1 at Chinchwad. However, the said place was locked and on making inquiry from neighbours, PW 4 Sarjerao came to know that Sharada sustained burn injuries and that she was shifted to Sassoon Hospital, Pune. He went to Sassoon Hospital and on making inquiry came to know that Sharada was no more and her dead body was kept in morgue. After conducting post mortem, on dead body of Sharada, it was handed over to PW 4 Sarjerao who took it to Nira for funeral. Since accused nos.1 and 2 were arrested by police, neither of them or any member of their family remained present for the funeral.