RUKMINI PILAJI JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred under Section 374 of Cr.P.C. challenging the conviction imposed vide Judgment and order dated 19th September, 1998 passed by learned Additional Sessions Judge, Satara in Sessions Case No.72 of 1994 convicting the appellants for the offences punishable under Sections 306 and 498-A r/w Section 34 of Indian Penal Code (for short "IPC").

(2.) The appellants are original accused Nos. 2 and 3. They are sentenced to undergo rigorous imprisonment for five years and one year for the offences under Sections 306 and 498-A of IPC respectively.

(3.) The case of the prosecution is that, six years prior to the incident of death of victim Chhaya, she was married to accused No.1 - Dilip Pilaji Jadhav. Accused No.2 - Rukmini Pilaji Jadhav is the mother and accused No.3 Sunita Pilaji Jadhav is the sister of accused No.1. After marriage, victim started cohabiting with accused No.1 at mouje Dahiwadi. The complainant is the uncle of victim. Due to early death of parents of victim, she was looked after by PW-2. Two years after the marriage of Chhaya, she was harassed by accused. They demanded wrist watch and ornaments. Demand could not be fulfilled either by complainant or brother of Chhaya. The accused assaulted victim Chahya and driven her out from matrimonial home. Chhaya was requesting PW-2 to fulfill the demand of accused No.1. She had informed him and PW-5 - Parashram, that on account of demand of wrist watch and ornaments, she was subjected to ill treatment by all the accused. For non fulfillment of demand of the accused, the harassment and ill treatment to victim Chhaya continued. Four months prior to death of Chhaya on account of demand of wrist watch and ornaments, she was assaulted by accused and driven out of house. The victim went to the house of PW-2 and told him about said incident. Thereafter, she went to PW-5 who promise her that the demand of accused would be fulfilled and sent her to house of the accused at Dahiwadi. On 26th August, 1993, accused No.1 had visited his pan shop. When nobody was around in the house, Chhaya poured kerosene on her body and set her ablaze. Persons passing by the road informed accused No.1 and he rushed to the house. The room from where smoke was coming out was bolted from inside. The door was broke open. The body of Chhaya was lying in burnt condition. Accused No.1 submitted Wardi to Police Station about death of Chhaya. A.D. was registered at Police Station, Dahiwadi. Inquest panchanama was recorded. Spot panchanama was prepared. Plastic can with smell of kerosene, match box, ash of clothes were seized from the spot. Body of victim was referred for post mortem. The medical opinion was given that the victim had died due to extensive 100% burns and asphyxia, due to inhalation of smoke. After cremation of victim, PW-2 and PW-5 reached at Dahiwadi. Report was lodged at Police Station on 27th August, 1993. The FIR was registered. On completing investigation, charge-sheet was filed for offences under Sections 306 and 498-A r/w Section 34 of IPC.