DANIYAL SHIVAJI ALHAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by 2nd Additional Sessions Judge, Pune in Sessions Case No. 360 of 1990 whereby the Appellants - Original Accused who were charged for commission of offences punishable under Ss. 302 and 498-A read with Sec. 34 of the Indian Penal Code (for short 'IPC ') convicted and awarded sentence to suffer rigorous imprisonment for life and to pay fine of Rs.1,000.00, in default each accused to suffer RI of three months, for the offence punishable under Sec. 302 of IPC, filed the present Criminal Appeal.

(2.) It the case of prosecution that in the intervening night of 24/4/1990 and 25/4/1990, ASI Raja Bhangare (PW 7), attached to Alandi Road Police Chowky and was discharging his duty as station incharge and his duty hours were from 09.00 AM to 09.00 PM. On 24/4/1990, at about 01.45 pm Sandip Alhat had been to the police station claiming to be the brother-in-law of the victim informed Raja Bhangare (PW 7) that his sister-in-law Chandrakala suffered burn injuries. On receipt of the information, ASI Raja Bhangare (PW 7) immediately rushed to the spot. On reaching to the spot, ASI Raja Bhangare (PW 7) found that the victim Chandrakala was already shifted to Sassoon Hospital. On information received by him, before proceeding to Sassoon Hospital, ASI Bhangare (PW 7) sent intimation / requisition letter to Special Judicial Magistrate Shri. Kamlakar (PW 3) to attend Sassoon Hospital for recording the statement of victim. The said requisition letter is produced before the Court as part of evidence and the same is marked as Exhibit 21. On 25/4/1990 at about 03.30 pm, the Special Judicial Magistrate reached hospital for recording the statement. On information, it revealed that patient was admitted in ward no. 27 of Sassoon Hospital. Accordingly, the Special Judicial Magistrate proceeded towards ward no. 27. He also took the medical officer along with him on seeking verification from the medical officer that the victim is in fit physical and mental state to give her statement. Then Special Judicial Magistrate put certain queries to the victim. On ascertaining that the victim is in fit mental and physical condition to give statement, the statement of victim was recorded. It was stated by the victim that her marriage was solemnized that accused no. 1. Accused no.2 is the wife of accused no. 1 and as there was no issue to the couple for considerable period, by approaching the father of victim and with consent of accused no. 2, accused no. 1 performed marriage with deceased.

(3.) It was stated by the victim that a quarrel started between accused no. 2 and her, on the backdrop of the fact that the accused no. 2 by snatching child from victim and victim was opposing to the act of accused no. 2. Accused no. 1 who did not like the act of victim opposing the accused no. 2, abuses and physically assaulted the victim. Accused no. 2 then poured kerosene on the person of victim and set her ablaze. Due to intolerable pain, due to burns, the victim started crying and on hearing her hue and cry her brother-in-law Prasanna Kumar reached the spot and extinguished the flames. This statement was reduced in writing (as subsequently the victim deceased died due to burn injuries, this statement is treated as dying declaration.