SAINATH VISHWANATH ROKADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are convicted for the offences punishable under Ss. 302, 498-A r/w. 34 of the Indian Penal Code in Sessions Case No. 48 of 2012 by the Additional Sessions Judge, Shrirampur, District Ahmednagar vide judgment and order dtd. 5/2/2015. The appellants are sentenced to suffer Imprisonment for Life and to pay fine of Rs.5,000.00 each i.d. to suffer R.I. for one month each for the offence punishable under sec. 302 r/w. 34 of the Indian Penal Code. The appellants are sentenced to suffer R.I. for one year and to pay fine of Rs.5,000.00 each i.d. to suffer R.I. for one month each for the offence punishable under sec. 498A r/w. 34 of the Indian Penal Code. Hence, this appeal.

(2.) The brief facts necessary for decision of this Appeal are as follows :

(3.) On 4/3/2012, the supplementary statement of the injured Chhaya was recorded by Dy.S.P. Bharat Balayya i.e. PW-6. She disclosed to the police that she was aware that her statement was recorded on 3/3/2012, however, she desires to add to the previous statement. She then narrated the following facts : She disclosed that she had studied up to 7th Standard. She is married to appellant in the year 2005. The couple is blessed with two sons, namely, Suraj and Mayur. That she was working in the sugar factory on daily wages. Every day when she returned home from work, her husband abused her as he suspected her character. She had complained about it to her parents. That on 3/3/2012 at about 1.00 p.m. when she returned home from work, her husband had expressed that he had doubts whether she would shun her bad habits. Saying so, he poured kerosene on her person and her motherin-law Babanbai ignited matchstick and set her ablaze. She was admitted in the hospital by her mother-in-law. She also alleged about sexual harassment at the hands of her husband and that she wanted her husband and her mother-in-law to be punished in accordance with law. She is conscious and she is being treated in Sakhar Kamgar Hospital. She had reiterated that her husband had poured kerosene on her person from a bottle. She signed the said statement as "Sunanda Rokade". Her thumb mark was also obtained on the said statement. The injured was shifted to Tholar Hospital on 14/3/2012.