JANABAI VASANT RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appellants, who are original accused nos. 2 and 9, have preferred this appeal against the judgment and order dtd. 30/8/2014 in Sessions Trial No 32/2013, passed by the Extra-Joint Ad hoc Additional Sessions Judge, Parbhani, (hereinafter referred to as "the learned trial Court "). Under the impugned judgment, present appellants - accused have been convicted for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay fne of Rs.1000.00 each, in default, to suffer further imprisonment for three months.

(2.) Initially, there were 9 accused, including present appellant no.2 i.e. husband of deceased Sheetal, his parents, three brothers and their respective wives. All of them were charged for the offence punishable under Ss. 498-A and 302 read with Sec. 34 of the Indian Penal Code. However, the learned trial Court has convicted only present appellants, being accused nos. 2 and 9 under Sec. 302 read with 34 of IPC.

(3.) According to the prosecution, Sheetal, who was wife of present appellant no.2, was admitted to Government Hospital, Parbhani on account of 100% burn injuries. Dr. Shekhar Deshmukh i.e. the Medical Offcer attached to the said hospital, after having admitted Sheetal in the burnt patients ' ward, issued MLC letter to the Police Out-Post within the premises of the said hospital. Police Head Constable Mr. Kurundkar of the said Police Out-post, visited the said ward along with Dr. Deshmukh and after seeking opinion of the doctor about the condition of Sheetal, recorded her statement. As per the story narrated by Sheetal, it was disclosed that she was residing at Selu and prior to 25/9/2012, she had gone to the place of her matrimonial home at Shinde Takali. At that time, present appellants and other accused subjected her to ill-treatment on the count that they were not offered feast in the nature of "dhonde jewan " and that she did not brought money from her parental house. On 24/9/2012, at about 9.00 p.m., when the present appellants and husband of appellant no.1 were present in the house, appellant no.1 poured kerosene on her person and appellant no.2 threw ignited matchstick on her person and set her ablaze. When she started raising shouts, appellant no.2 initially went out but then in apprehension that the house might catch fre, started extinguishing the said fre. According to Sheetal, other accused had also subjected her to physical and mental ill-treatment as she failed to bring money from her parental house and, as such all the accused attempted to commit her murder. On the basis of the said statement, Crime No. 162/2012 was initially registered in Selu Police Station for the offences punishable under Ss. 498A and 307 read with Sec. 34 of the Indian Penal Code. After recording said statement, Police Head Constable Mr. Kurundkar also made contact with Naib Tahsildar Mr. Kolgane and requested him to record dying declaration of Sheetal. Said Naib Tahsildar immediately rushed to the hospital and on receiving request letter from Police Head Constable Mr. Kurundkar, recorded dying declaration of Sheetal after she was examined by Dr. Deshmukh. However, just after recording of second dying declaration, Sheetal succumbed to the burn injuries. After the inquest panchanama was drawn over her dead body, Dr. Kala i.e. P. W. 1 conducted autopsy on the dead body of Sheetal between 10.15 a.m. and 11.15 a.m. on 25/9/2012. It was transpired that Sheetal died due to "hypovolemic shock due to 100% burns ".