SAU. PREMKAUR PREMSING BAWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment passed by the Additional Sessions Judge, Pune in Sessions Case No.340 of 1996 by which the appellants - Accused Nos.2, 3, 4, 6 and 7 herein are convicted for the offence punishable under sections 302 r/w 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/- each in default to pay fine each of them to undergo further R.I. for 6 months for offence punishable under section 302 r/w 34 of IPC. Accused Nos.2, 4 and 5 are convicted for the offence punishable under section 498A r/w 34 of IPC and sentenced to undergo R.I. for one year and to pay a fine of Rs.1000/- each in default of payment of fine each of them sentenced to undergo R.I. for 3 months for offence punishable u/s. 498A r/w 34 IPC. Hence, these Appeals.

(2.) Such of the facts necessary for the decision of these Appeals are as follows :-

(3.) The deposition of P.W.4 - Tirathkaur is in consonance with the allegations made by her in the FIR. According to her, on 22nd June 1996, her grand-daughter had complained to her about the illtreatment meted to her for not fulfilling the demand of Rs.20,000/-. P.W.4 - had been to the house of the accused and persuaded them not to give ill-treatment to her grand-daughter. Azadkaur was beaten by her in-laws in the presence of P.W.4. P.W.4 was in the house of the accused from 5.00 pm to 8.00 pm. Accused Nos.4, 5, 6 and 7 had caught hold of Azadkaur and had coerced the accused No.1 - Rupsing to set her ablaze. The said incident had taken place in the presence of P.W.4. When she tried to go towards Azadkaur she was pushed away by the accused and therefore, she returned to her house to inform her family members about the same. By the time she returned with her family members, the accused had fled from their house and Azadkaur was lying in a burnt condition. She was admitted in Sasoon Hospital and therefore, she had lodged the report which is at Exh.30. It is elicited in the cross-examination that the house of the accused Tirathsing is in slum area which is situated between Ashok Nagar and Maniknagar. It is denied that the mother of accused nos.6 and 7 is her younger sister. In another breath, P.W.4 has stated as follows :-