AMAKKA SHANKAR POTRAJ Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD rival arguments on this Appeal preferred by the appellants/orig. accused Nos. 1 & 2 challenging the judgment and order of conviction dated 29th August, 2005 passed by the III Adhoc Additional Sessions Judge, Solapur in Sessions Case no. 109 of 2005. By the impugned judgment and order, appellants/orig. accused Nos. 1 & 2 were convicted for the offence punishable under Section of IPC read with Section of IPC and were sentenced to suffer RI for three years and to pay fine of Rs. 500/ - each, in default to suffer further RI for three months each. Both the appellants were also convicted for the offence punishable under Section read with Section of IPC and were sentenced to suffer RI for life and to pay fine of Rs. 1000/ - each, in default RI for three months. By the same judgment and order, original accused No. 3 was acquitted of all the charges. There is no appeal against the said acquittal, preferred by the State. Original accused Nos. 1 & 2 who are mother -in -law and husband of victim Yallamma preferred the present appeal.

(2.) THE case of the prosecution in nutshell is as under : -

(3.) INTIMATION was given to the Sadar Bazaar police station as well as to the Civil Hospital, Solapur regarding admission of the victim Yellamma in the hospital for burn injuries. Accordingly, one PSI Jadhav (PW -10) attended the hospital and after ascertaining the condition of victim as able to give statement, recorded her statement which is at Exh. 31 and apparently it was treated as First Information Report. On the basis of the said statement, offence was registered and investigation was started during which intimation was given to one Special Judicial Magistrate one Mohd. Chiniwar (PW -4). Accordingly he attended the Civil Hospital, Solapur and after obtaining the endorsement from the attending doctor Madhusudan (PW -9), regarding condition of the patient, recorded the statement of the victim. It was recorded apparently between 12:45 p.m. to 1:00 p.m. Again in the said statement allegations were made against the appellants/accused as to pouring kerosene on her person and setting her on fire.