SURESH DADARAO KAPSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ). Original accused Suresh, dissatisfied by the order passed by the learned Assistant Sessions Judge, Osmanabad dated 13. 2. 1990 in Sessions Case No. 69 of 1988, convicting him for the offence punishable under s. 307 of the Indian Penal Code (I. P. C.) and directing him to suffer rigorous imprisonment for seven years and to pay fine of Rs. 10. 000/- in default, to suffer rigorous imprisonment for one year, which is later on. confirmed by the learned Additional Sessions Judge, Osmanabad, in Criminal Appeal No. 11 of 1990 on 22. 9. 1994 has filed the present revision.

(2.) THE facts in brief, leading to the present revision are that. Marriage of respondent No. 2 Shobha was performed with petitioner on 11. 6. 1982. After her marriage, she started co-habiting with the petitioner. The alleged incident took place on 29. 3. 1988. at about 5. p. m. at the house of the petitioner at village Gaurgaon, Tq. Kallam, District Osmanabad. Parents of Shobha reside at Kolegaon, Tq. and District Osmanabad. Sulbha is the sister of Shobha. Sulbha was brought to her parents house at kolegaon for delivery purposes and as there was function of naming ceremony of Sulbha's daughter, Shobha had been to village Kolegaon on 24. 3. 1988 i. e. Thursday. She was directed to return on Saturday by her father-in-law Dadarao. However, Shobha could not return on Saturday but she returned on Tuesday i. e. on 29. 3. 1988 at about 3 or 4 p. m. Bhagwan, agriculture servant working with father of Shobha, reached Shobha in a bullock cart to village Gaurgaon on that day and thereafter, he returned to kolegaon. At the time of return of Shobha at Gaurgaon, her father-in-law, mother-in-law, husband and sister-in-law (petitioner's sister) were present at the house. Petitioner asked Shobha as to why she did not return to gaurgaon on Saturday and Shobha replied that because of menses she could not return. The petitioner got annoyed by the said reply given by shobha and thereafter, he took one iron bar and gave blow on the head of shobha. She accordingly, sustained injury on her head. Father of the petitioner then took kerosene in an iron pot, handed over the said pot to petitioner, who in turn, poured the kerosene on the person of Shobha and set her on fire. She thus sustained burn injuries. She was taken in a bullock cart to village Govindpur and thereafter in a S. T. bus to Osmanabad for medical treatment. She was admitted in the hospital at about 10 p. m. Dr. Kanade (P. W. 1) was on duty at the relevant time. He made certain enquiries, started treatment to Shobha and also informed the police authorities about the burn injuries sustained by Shobha. Police Constable gaikwad came to the Civil Hospital and after ascertaining the condition of shobha from the Medical Officer, he recorded statement of Shobha at about 11. 30 p. m. or 12. 00 midnight. On the basis of said statement, crime was registered for the offences punishable under ss. 147 and 498-A and 307 read with 149 of the I. P. C. against the petitioner and four others, including his father, mother, sister and uncle.

(3.) THE Investigating Officer recorded statements of certain witnesses during the course of investigation and after completing the investigation, he submitted charge sheet before the learned Judicial Magistrate on 13. 6. 1988. The learned Judicial Magistrate F. C. Kallam by his order dated 18. 8. 1988 committed the case to the Court of Sessions, as the offence under s. 307 of the I. P. C. is exclusively triable by the Court of Sessions. The above sessions Case No. 69 of 1988 was made over for trial to the learned assistant Sessions Judge, Osmanabad. The learned Assistant Sessions judge (Shri K. Y. Jagtap) accordingly framed a charge as per Exh. 41 on 5. 10. 1989 against the petitioner and four others for the offences punishable under ss. 147 and 498-A and 307 read with 148 of the I. P. C. Accused pleaded not guilty and claimed to be tried.