GANPAT DNYANOBA GARJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order delivered by the Additional Sessions Judge, Beed, convicting the appellants of offences punishable under section 306 of the Indian Penal Code read with section 34 of the Indian Penal Code and section 498-A of the Indian Penal Code read with section 34 of the Indian Penal Code. The Additional Sessions Judge, Beed imposed a sentence of rigorous imprisonment for seven years and a fine of Rs.1,000/- upon the the appellants No.1 and 2 with respect to the offence punishable under section 306 of the Indian Penal Code read with section 34 of the Indian Penal Code. He imposed a sentence of rigorous imprisonment for three years and a fine of Rs.500/- on the appellants No.1 and 2, with respect to the offence punishable under section 498-A of the Indian Penal Code read with section 34 of the Indian Penal Code.

(2.) The facts of the case, as were put forth before the trial Court, are as follows. Alka Gajare d/o Popat Tandale (P.W.4) was married to one Ambadas Garje - son of the appellants No. 1 and 3 and brother of the appellant No.2. The marriage had taken place about nine years before the incident, that took place on 11/04/2009. Ambadas husband of Alka is a driver by profession and as such used to be away from home for a number of days. At the material time, Alka was residing with her husband and the appellants, in the matrimonial home.

(3.) The prosecution examined six witnesses during the trial. Reference has already been made to Gorakshanath (P.W.1) and Popat (P.W.4). The other witnesses are as follows. The second witness is one Dr. Shahadev Sonwane, a Medical Officer, who was attached to the Civil Hospital, Ahmednagar at the material time. He is the one who had performed post mortem examination on the dead body of Alka and opined that the death had been caused due to hypovolamic shock due to 100% superficial to deep burns. The third witness is Sayed Noor Sayed Meheboob, a head constable of Police, who was attached to Kotwali Police Station, Ahmednagar at the material time. On 11/04/2009, he was attached to Civil Hospital, Ahmednagar and on learning from Dr. Jagtap that a burnt patient was admitted in the burn ward, he had issued a letter to Gorakshanath Gugalkar, requesting him to record the dying declaration of the said patient. The fifth witness is Vijay Bagul who was attached to Ashti Police station at the material time. He was the Station House Officer on 11/04/2009. He had received the dying declaration of Alka recorded by Gorakshanath (P.W.1), in a sealed envelope. The sixth and last witness Prabhakar Bagal, is the Investigating Officer in the matter.