KRUSHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellants/original accused Nos. 1 and 2 (now deceased) challenging the judgment and order of conviction passed by the learned 2nd Additional Sessions Judge, Jalgaon dtd. 27/12/2002 in Sessions Case No. 5/2002. The appellants are held guilty of an offences punishable under Ss. 498-A and 306 r/w Sec. 34 of the Indian Penal Code (for short "I.P.C. "). The accused No. 1 - Krushna is sentenced to undergo rigorous imprisonment for a term of five (05) years and to pay fine of Rs.300.00(Rs. Three Hundred only) in default to undergo rigorous imprisonment for a period of three (03) months for the offence punishable under Sec. 306 of the I.P.C. He is directed to undergo three (03) years rigorous imprisonment and to pay fine of Rs. 200/- (Rs. Two Hundred only) in default to undergo rigorous imprisonment for a period of two (2) months for the offence punishable under Sec. 498-A of the I.P.C. So far as accused No. 2 - Muktabai (now deceased), was sentenced to undergo simple imprisonment for one day that is till rising of the Court for offence punishable under Ss. 306 and 498-A of the I.P.C. and to pay fine of Rs. 25/- (Rs. Twenty Five only) for each of the Sec. .

(2.) During the pendency of the appeal, appellant No. 2 died and by order dtd. 4/8/2016, appeal stood abated to her extent. Thus, now the case is to be considered only with respect to appellant No. 1 - Krushna.

(3.) In short the prosecution story is that deceased Mayabai married to appellant on 1/5/2001. She was not treated well by the husband and mother in law. There was a demand of Rs. 50,000/- (Rs. Fifty Thousand only) and gold ring. On 4/10/2001, it is alleged that the deceased was beaten up by the husband and mother in law. Because of this incident she poured Kerosene and set herself on fire. The deceased succumbed to the burn injuries on 9/10/2001. The burn injuries were to the extent of 84%.