VIJAY BALKRISHNA INGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant, Vijay Balkrishna Ingle, has filed this revision application challenging the judgment and order passed by the Second additional Sessions Judge, Akola on 6-4-1999 in Criminal Appeal No. 66 / 1994 arising out the judgment and order passed by the Assistant Sessions judge, Akola, in Sessions Trial No. 10/1994 passed on 14-10-1994, where under the Appellate Court confirmed conviction of applicant for offence under sections 498-A and 306i. P. C. and modified sentence as sentencing to imprisonment for one year and fine of Rs. 1000/-, in default to suffer simple imprisonment for four months and rigorous imprisonment for five years and fine of rs. 2000/-, in default to undergo simple imprisonment for six months, respectively.

(2.) AS per prosecution case, deceased Sunanda was married to applicant on 24-5-1991 and that applicant used to ill-treat her by beating her on suspecting her character and also accusing that she was having-jllicit relations with elder brother Manohar. That on 15-11-1991 in early morning, appellant assaulted her giving slaps and caused mental tormentation by persistent accusation as to her character. So that Sunanda committed suicide by setting herself on fire in the house. She was removed to the Hospital. She sustained 90% burns and on 18-11-1991 she died.

(3.) APPLICANT was tried before Assistant Sessions Judge for offences under sections 498-A and 306 I. P. C. in respect of suicidal death of Sunanda. The prosecution relied on Dying Declarations Exhibit 15 and Exhibit 24, as also oral Dying Declaration made to Sushilabai, mother of Sunanda to establish cruelty meted to her and due to that she admittedly committed suicide. The trial Court Judge, accepting this evidence held the appellant guilty for offences under sections 498-A and 306 I. P. C. and accordingly convicted and sentenced him.