SHIODAS VISHRAMJI DHAKADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence passed by the Additional Sessions Judge, Achalpur in Sessions Case No. 59/1997, whereunder the appellants were convicted for the offence under section 302 r/w. 34 of the Indian Penal Code and were sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- I/d. to undergo rigorous imprisonment for one year.

(2.) THE prosection case, in brief, is that the victim-deceased Sangeeta was married to one Devidas Shiodas on 5th of May 1996. The appellant No. 1 Shiodas s/o. Vishramji Dhakade was father-in-law and the appellant No. 2 Suman Girdhar Gaikwad was a sister-in-law of deceased Sangeeta. Deceased Sangeeta was living with her parents even after the marriage for about 7 to 8 months and she was brought back to her matrimonial house some few days before 21st of April, 1997. It appears from the record that Sangeeta was not happy as there was ill-treatment to her by both the appellants. That is how, she lived with her parents even after the marriage for a considerable long period and it was after much persuasion by her husband Devidas that she was brought back to the matrimonial house. Her grievance was that the appellant No. 1 used to harass her on consuming liquor. Even the appellant No. 2 used to ill-treat her. However, the role of her husband Devidas was very passive and that is how, he was successful in bringing her back from her parents house.

(3.) THE incident in question which gave rise to this prosecution against the appellants, took place on 21st April, 1997, at the house of the appellant No. 1. That day, when Sangeeta was in the house, both the appellants set her on fire after having droused her with kerosene. She sustained burns. She was immediately taken to the Cottage hospital at Paratwada. One Raosaheb Raut (P. W. 4), who was Police Patil of village Saikheda, found that Sangeeta was being carried in a cart and she has sustained burn injuries. He, therefore, went to Sirajgaon Police Station and lodged report Exh. 17.