PUSHPABAI MAROTRAO PARASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17.11.2007 passed by 3rd Adhoc Additional Sessions Judge, Amravati in Sessions Case No. 160 of 2006 whereby appellants were convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/, in default, to suffer rigorous imprisonment for six months. They were also convicted for the offence punishable under Section 498A read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1000/each, in default, to suffer further rigorous imprisonment for six months.

(2.) Briefly stated, the prosecution case, is as under : Victim Maya was married to Mahendra, son of appellant no. 1 and brother of appellant no. 2. Maya was illtreated by appellants on various counts like, she has failed bring money from her parents; she had failed to conceive etc. On 13.5.2006 at about 09.00 am, appellants picked up quarrel with Maya. Appellant no. 1 poured kerosene on the person of Maya. Appellant no.2 then held her and appellant no.1 lit matchstick and set Maya on fire. Maya shouted for help on which neighbourers assembled and they poured water on her body. Maya was then removed to Irwin Hospital, Amravati. Three dying declarations of Maya were recorded. Offences under Section 498A and 307 read with Section 34 of the Indian Penal Code were registered against the appellants vide Crime No. 42/2006. Maya died of the burn injuries and therefore, offence under Section 307 was converted to Section 302 of the Penal Code. P. W. 6 PSI Madhukar recorded statements of witnesses, namely, Jijabai, Mahendra, were sent to chemical analyser on 7.8.2006 under forwarding letter (exhibit 27). Upon completion of investigation, appellants were chargesheeted before the J.M. F.C., Nandgaon Khandeshwar. The case was committed to the Court of Sessions on 20.10.2006. Charge was framed against the accused on 11th January 2007 to which accused pleaded not guilty and claimed to be tried. Prosecution examined in all nine witnesses and closed its case while appellants/ accused did not lead any evidence in defence. Learned trial Judge after hearing the parties, proceeded to convict the appellants and sentenced them, as mentioned above.

(3.) We have heard learned Advocate for the appellants and learned Additional Public Prosecutor for State. We have perused the evidence led on record and impugned judgment and order of conviction.