LAWS(BOM)-2021-2-137

MAINABAI GUN WANT SHINDE Vs. STATE OF MAHARASHTRA

Decided On February 18, 2021
Mainabai Gun Want Shinde Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) It is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 preferred by accused nos.1,2 and 3 against the conviction recorded under Sections 498A, 306 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short) in Sessions Case No.190 of 1997 by the IVth Additional Sessions Judge, Solapur and sentenced as under:

(2.) Pending appeal, appellant no.3 Gunwant (Father-in-law) has passed away. Thus, appeal abates under Section 394(1) of the Code of Criminal Procedure, 1973.

(3.) Prosecution case in brief is that Sonali (Deceased) sustained burn injuries on 25th March, 1997 in self-immolation, due to alleged annoyance and verbal abuses caused to her, by in-laws; appellant no.1, mother in-law; no.2, sister-in-law and no.3 father-in-law (now deceased). Sonali, succumbed to burn injuries on the next day in the hospital. Autopsy surgeon opined, cause of death was 'shock due to burns'. Sonali had sufered 85%e burns. Soon after the alleged incident Sonali was shifted to hospital by her husband. At the relevant time, she was pregnant. While taking treatment, her statement was recorded by the headconstable and thereupon the Crime No.13 of 1997 was registered against the in-laws under Section 498A of the IPC. On the same day, at around 10.20 a.m. Executive Magistrate, Nayab-Tehsildar recorded her statement only after Sonali's health condition was found stable. The prosecution has to a large extent relied on Exhibit 43 (statement recorded by Headconstable) and Exhibit 49 (statement recorded by Executive Magistrate) as her dying declarations. Sonali succumbed to the injuries on 29th March, 1997 and whereupon ofences under Section 306 of the IPC were registered against the accused. The learned Trial Judge after perusing the fnal report framed the charge under Section 498A, 306 of the IPC. Prosecution adduced the evidence of Sonali's father and relied on two dying declarations as aforesaid. The learned Trial Court upon appreciating the evidence, convicted the accused for the ofences punishable under Sections 498A and 306 read with Section 34 of the IPC and sentenced accused no.1, accused no.2 (sister in law) and accused no.3 (father-in-law) now deceased, as aforesaid. All sentences were directed to run concurrently. The learned Trial Court directed that on realization of fne of Rs.25,000/-, the same be paid to Sonali's father (PW 2) for depositing the said amount in fxed deposit in the name of Sonali's son Abhijit for the period of ten years towards the compensation as per Section 357 of the Cr.P.C.