PANDURANG GANPAT THALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who was impleaded as Accused No.1 in a crime invoking Sections 498A and 306 of the Indian Penal Code ("IPC") and charged subsequently for the same, came to be tried by the Additional Sessions Judge, Thane, along with three other accused persons and stand convicted for the aforesaid offence. On his conviction under Section 498A of the IPC, he is sentenced to suffer RI for 2 years and to pay fine of Rs.500/- and, in default, to undergo RI for one month. Along with other accused persons i.e. Accused Nos.2, 3 and 4, he was acquitted for the charge under Section 306 read with Section 34 of the IPC and Accused Nos.2, 3 and 4 were also acquitted of the charge under Section 498A of the IPC. The Appellant is aggrieved by his conviction under Section 498A of the IPC and the sentence imposed.

(2.) Deceased Shobha is the wife of the Appellant and the marriage between the two was performed two decades back and, they were cohabiting in Thane with one son and two daughters born out of the wedlock. The fateful day on which Shobha set herself on fire and sustained burn injuries is 24/11/1994. Being present in her matrimonial home, she woke up early in the day, made tiffin for her school going son and when the son left for school at 6.00 a.m., she went to the bed again. After sometime, her daughter Kirti woke her up and, thereafter, some altercation took place between Accused No.2, her mother-in-law and the daughter of the deceased. As Accused No.2 pushed her daughter, she approached to her mother, Shobha being upset over the said act of Accused No.2. The deceased questioned the Accused No.2 and, in turn, Accused No.2 started hurling abuses at her and slapped her. Accused No.2 asked the deceased to leave the house, which tormented the deceased. Accused No.2 created ruckus in the house and went out and raised false alarm that the deceased and her daughter Kirti were assaulting her. This incident caused stress to the deceased and she took the extreme step of setting herself on fire by pouring kerosene on her person. At the time when this spat was occurring in the house, according to the version of the prosecution, the Appellant was present in the house. On Shobha sustaining burn injuries, he carried her to Singhania Hospital, Thane and, on information given by the doctor, the police arrived. Shobha sustained 100% burn injuries.

(3.) On being admitted in the hospital, Shobha gave three Dying Declarations; her first Dying Declaration was recorded by the Police Sub-Inspector, Vartak Nagar Police Station, on 24/11/1994 at 9.30 a.m., with a certificate from the doctor that the patient was in a condition to give statement. The said Dying Declaration is exhibited as Ex-59. The second Dying Declaration was recorded by the Special Executive Magistrate at 12.00 noon, on being certified that the patient is in a condition to give statement. The said Declaration is exhibited as Ex-25. The third Dying Declaration, which is exhibited as Ex-60 came to be recorded by the API at 12.30 noon in the presence of the member of Mahila Rakshata Samiti, Vartak Nagar, Thane. The three Dying Declarations, according to the prosecution, is the spindle around which the case of the prosecution revolves and contain the allegations levelled against the accused persons and all the accused were charge-sheeted on the basis of the said Dying Declarations.