CHHAYABAI RAJARAM NARWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by the original accused persons against the conviction and sentence dated 22-11-1994, passed by the II Additional Sessions Judge, Jalgaon, in Sessions Case No. 65 of 1990, whereby the appellants have been convicted and sentenced for the offence punishable under sections 302 r/w 34 of the Indian Penal Code to undergo imprisonment for life and to pay a fine of Rs. one thousand each, in default to suffer R. I. for six months. They are also further convicted and sentenced for an offence punishable under sections 498-A r/w 34 of the Indian Penal Code to undergo R. I. for three years and to pay a fine of Rs. 500/-, in default to suffer R. I. for three months. Both the sentences are directed to run concurrently.

(2.) THESE three appellants have been prosecuted for offence punishable under sections 302 r/w 34 of Indian Penal Code, on the allegations that on 6-9-1989 at 18. 00 hours at their residential house at Samatanagar, Bhusawal, District, Jalgaon, these accused persons in furtherance of their common intention committed murder of Anita w/o Sharad Narwade. They were further prosecuted for offence punishable under sections 498-A r/w 34 of the Indian Penal Code, on the allegations that, being relatives of the husband of deceased Anita, they all in furtherance of their common intention, ill-treated Anita physically and mentally for demanding wrist watch and gold nose ring since the time of her marriage till her death.

(3.) THE prosecution case, in brief, may be stated as under. Deceased Anita was the wife of Sharad Rajaram Narwade (P. W. 4), resident of Bhusawal. Appellant No. 1 Chhayabai is the mother of appellant Nos. 2 and 3. Appellant No. 2 Pramod and appellant No. 3 Ajay are the brothers of Sharad (P. W. 4 ). Deceased Anita was living with her husband and appellants. The incident occurred on 6-9-1989. On that day, deceased Anita and appellants were at the house. Sharad (P. W. 4) was not present in the house as he had gone for work. The parents of deceased Anita came to know from her that the appellant No. 1 Chhayabai asked her to bring gold nose ring from her mother. Whenever Anita visited her mothers place, she told her mother about the said demand. However, mother could not fulfil the demand. On 6-9-1989, there was Bhadi festival. On that day, mother of Anita named Sayabai (P. W. 1) came to the house of her daughter with a tiffin. It was alleged that appellant No. 1 insulted mother of Anita as she had not brought the gold nose ring on that auspicious day. The appellant No. 1 asked Anita as to why her mother brought tiffin box only and why she talked to her mother. Anitas mother left the house. Thereafter it is alleged that at about 6. 00 p. m. the appellant No. 1 Chhayabai picked up can containing kerosene and poured kerosene on the person of Anita, appellant No. 2 Pramod caught hold of Anita and appellant No. 3 Ajay lighted match stick and set her on fire. Anita shouted for help. Her hue and cry attracted the neighbours to rush to the house of the appellants. In the mean time, Sharad (P. W. 4) the husband of Anita also came there. They all extinguished the fire. Anita sustained burns on her face, chest and all over body. Her husband and the neighbours took her to the Municipal Hospital, Bhusawal for medical treatment.