ASHOK TUKARAM KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who are the original accused Nos.1 and 3, have preferred this appeal for assailing the judgment and order dtd. 31/12/2014, passed by the learned Sessions Judge, Beed ((hereinafter referred to as the "trial Court") in Sessions Case No. 12/2014, whereby they are convicted for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced them to suffer life imprisonment and also to pay fne of Rs.5,000.00 in default, to suffer rigorous imprisonment of one year. Initially, the crime involved in the aforesaid sessions case, was registered against three persons namely appellant No. 1 Ashok Tukaram Kale (husband of the deceased), co-accused Tukaram Kale (fatherin-law of the deceased) and appellant No. 2 Hirabai Tukarma Kale (mother-in-law of the deceased). However, the learned trial Court has convicted only the present appellants by acquitting the co-accused -Tukaram Kale (father-in-law of deceased).

(2.) Background facts of the prosecution case are as under: Appellant No. 1 got married with one Rajashree on 3rd June 2013 and it was an arranged marriage. After the marriage, Rajashree started residing with the appellants and father-in-law at village Chandegaon. During the cohabitation, deceased appellant No. 2 had telephonically made complaint against Rajashree about her misbehaviour to her father i.e. PW-1 Chhagan. She had also talked arrogantly with Chhagan, but he remained quite and also gave understanding to his daughter Rajashree.

(3.) On 2/10/2013, Rajashree had asked her husband i.e. appellant No. 1 to bring her a pair of chappals. However, at that time, deceased appellant No. 2 i.e. the mother-in-law of Rajashree made sarcastic remark that her father will provide her chappals as he was so rich. On the said remark, there was quarrel between Rajashree and deceased appellant No. 2. Since deceased appellant No.2 had driven out Rajashree from the house in the said quarrel, she in ft of anger had gone to her aunt Parigabai at Chausala village. On 03.12.02013, when her cousin maternal uncle was taking her to paternal house at Yewatwadi village at about 8.00 a.m., the appellants along with some villagers and also father-in-law of Rajashree came there and on request took her against her will to matrimonial house. Thereafter on the said day and also on the subsequent day i.e. on 4/10/2013 appellant No.1 beat her heavily in the night by saying that where she had gone. On 4/10/2013 itself at about 9.30 p.m., when Rajashree slept after having beaten by appellant No.1, at about 12.00 in the midnight, appellant No.1 woke her up and again started quarreling with her as to with whom she had gone. On hearing the said quarrel father-in-law Tukaram and deceased appellant No.2 also came there and all three of them started quarreling with her. When out of rage, she expressed desire to commit suicide, the appellants told her that there was no need to die, but they would set her ablaze. By saying so, appellant No.1 brought kerosene can from the adjacent room and her in-laws dragged her to another room. Then appellant No. 1 poured kerosene on her person and deceased appellant No.2 put ignited matchstick on her person. Rajashree started shouting as her clothes caught fre. In the said incident, her entire body sustained burn injuries. Thereafter her father-inlaw extinguished her fre by pouring water on her. Thereafter the appellants and her father-in-law took her to Government Hospital, Neknoor initially in an auto-rickshaw of her cousin brother-in-law Ramesh. After having primary treatment there, she was brought to Government Hospital, Beed in the ambulance and got admitted there.