GORAKH RAMKRUSHNA MOURYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above appeal is preferred against the judgment and order of conviction dated 8.1.2004 passed by the 2 nd Additional Sessions Judge, Palghar in Sessions Case no. 312/2001 sentencing the appellant nos. 1 and 2, who were accused nos. 1 and 2 respectively in the Trial Court, to undergo life imprisonment and to pay a fine of Rs. 500/-, and in default of payment of fine, to undergo R.I. of one month for offence punishable under Section 302 r/w 34 of Indian Penal Code. The appellant nos. 1 and 2 (hereinafter called accused nos. 1 and 2 respectively), alongwith original accused no. 3 were tried for the offences punishable under section 302 r/w 34 and section 498A r/w 34 of Indian Penal Code. Accused nos. 1 and 2 were however acquitted of the offence under section 498A r/w 34 of IPC. Original accused no. 3, the mother of accused no. 1, was acquitted of all offences.

(2.) The victim, Rukmini (hereinafter called as the deceased) was the wife of the accused no. 1. Accused no. 2 is the father of the accused no. 1. The marriage between the deceased and the accused no. 1 was solemnized on 16.12.1997. After marriage, the deceased started residing with the accused persons and the sister of the accused no. 1 at Palghar. The accused no. 1 used to run a motor cycle repair garage at Mohpark. According to the prosecution, problems arose after about 1 and 1/2 years of marriage, when the accused persons started demanding articles like colour T.V., zumka (earrings) from the deceased and the accused persons used to quarrel and beat the deceased on this score. Because of the disputes, the deceased left the matrimonial home and resided with her father for about 5-6 months. However, the deceased came back to her matrimonial home in 1999 after the accused nos. 1 and 2 visited the house of the father of the deceased and persuaded them that the deceased should come back. A few months later, accused no. 1 and the deceased started residing separately in a neighbouring room in the twin chawl. From the wedlock, a daughter was born sometime in the year 2000.

(3.) On the fateful night of 12.04.2001, accused no.2 Ramkrishna returned to his home at 9.30 p.m. and was waiting for his son Gorakh, the accused no. 1, to have dinner. According to the information (Ex. 41) given by accused no. 2, at about 10.45 p.m. the deceased went to the neighbouring room where she use to sleep. However since the eight-month old daughter of the deceased who was in his room, started crying, he went to the room of the deceased. He noticed that the room was closed from inside and some smoke was billowing from the said room. The accused no. 2, therefore, raised loud cries and called the neighbours and the door of the room was pushed open. On entering the room he found the body of the deceased Rukmini in burnt condition lying partly in the mori (washing area of 3 X 3 ft.) and partly outside. This information was given by him to the police at about 11.45 p.m. and a case of accidental death was registered. The police arrived at the scene and carried out spot panchnama (Ex. 25) and seized a brass stove, two glass bottle lamps smelling of kerosene and burnt pieces of cloth. Inquest panchanama (Ex. 26) was carried out and one piece of cloth in half burnt condition, in the form of a ball, was found in the mouth of the deceased. The next day i.e. on 13.4.2001, the father of the deceased lodged a complaint (Ex. 47) against the accused persons stating that a zumka (earring) was demanded by the sister of the accused no. 1 from the deceased, which the deceased refused to part with and which led to an altercation and fight between the deceased and the mother of accused no. 1 and after the deceased went to her room, the accused persons went to the room and tied her hands and gagged her mouth with a piece of cloth and poured kerosene on the person of the deceased and set her ablaze and caused her death. The complaint was treated as FIR and offence was registered against the accused persons under section 498A r/w 34 and section 302 r/w 34 of Indian Penal Code. The accused persons were arrested and the clothes on their person were seized. The body of the deceased was sent for post mortem. The muddemal were forwarded for chemical analysis. During investigation P.I. Mr. Patil (P.W.8) recovered one spanner at the instance of the accused no. 1. After investigation, a charge sheet came to be filed against the accused persons. The case was thereafter remitted to the Court of Sessions. The accused persons pleaded not guilty and claimed to be tried on the charge being framed by the Sessions Court.