STATE OF MAHARASHTRA Vs. DNYANESHWAR NARAYAN POTE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 10. 6. 1987 rendered by the learned Addl. Sessions Judge, Pune in Sessions case No. 67 of 1987 by which the respondents-accused have been acquitted of the offences punishable under sections 302, 498-A read with sections 34 and 498-A, 109 or 114 of the Indian Penal Code (for short, of the "i. P. C. " ). The respondents-accused (for short, "accused") alleged to have committed the murder of Shaila Pote, wife of accused No. 1, in the intervening night of 29. 10. 1986 and 30. 10. 1986 in their house by pouring kerosene and setting her ablaze by lighting a matchstick. The deceased Shaila was also subjected to cruelty by the accused persons.

(2.) DURING the pendency of this Appeal, accused No. 2, mother of accused no. 1, has died and in view thereof the appeal stands abated as against her. We, therefore, proceed to hear the instant Appeal against accused No. 1 only.

(3.) THE prosecution case, as unfolded from the evidence of the witnesses, reveals that the deceased Shaila married to accused No. 1 on 16. 11. 1984. Accused No. 2 was her mother-in-law. After their marriage she started residing at Baramati with her husband and in-laws. The father of Shaila was resident of Yeroda, Pune. Shaila and accused No. 1 were blessed with one daughter who was hardly 6-7 months old at the relevant time. It is alleged that in the marriage a dowry of rupees three thousand was paid by shaila's father to the accused. Even after their marriage there was a persistent demand of Rs. 6500/- and a gold ring of one tola from Shaila's father and it is alleged that the accused meted out illtreatment to Shaila for the fulfilment of their demand. Accused No. 1 used to threaten her of divorce and second marriage. The accused persons did not allow Shaila to go to her parents place. She was once accused of committing a theft by the accused. It is in this backdrop that in the intervening night between 29th and 30/10/1986 the alleged incident occurred. On 29. 10. 1986 at about 8 p. m. after taking meals the accused persons had picked up a quarrel with Shaila on account of the payment of Rs. 6500/- and a gold ring. At about 10 p. m. Shaila. accused No. 1 and their daughter went to bed. At midnight, accused No. 1 awakened Shaila and took her towards the bathroom. When Shaila and accused No. 2 went towards the bathroom, accused No. 1 also followed them. He thrusted a piece of cloth in the mouth of Shaila. Accused No. 2 poured kerosene on Shaila from Charvi (Aluminium pot) and accused No. 1 set her ablaze. At that time, Shaila removed the piece of cotton plug thrusted by accused No. 1 from her mouth and raised hue and cry. She received extensive burn injuries and as a result became unconscious. The father of accused No. 1 reached her to the hospital. The Medical Officer immediately started treating to Shaila. The ward boy Gorakh Zagade informed the police on telephone. P. W. 11 baburao Ujagare, a Police Head Constable, on receiving the information sent requisition to the Tahasildar Baramati (P. W. 5) requesting him to record the statement of Shaila. He himself also rushed to the hospital where with the permission of the doctor he recorded the statement of Shaila, being exhibit-43. The Tahasildar (P. W. 5) also reached the hospital while P. W. 11 was recording the statement of Shaila. P. W. 5 also recorded the statement of Shaila, being Exhibit-29. P. W. 11 after recording the statement of Shaila came back to the police station and on the basis of the statement of Shaila, recorded by him, registered Crime No. 173 of 1986 under sections 307 and 498-A read with 34 of the I. P. C. which was subsequently converted into section 302 since Shaila succumbed to the injuries. The investigation was thereafter set in motion during which the statements of several witnesses were recorded and panchanamas were drawn. Articles recovered from the scene of offence were forwarded to the chemical Analyst. On completion of the investigation on 12. 1. 1987 the charge-sheet was forwarded to the Court of the Judicial Magistrate First class, Baramati. The learned Judicial Magistrate, in turn, committed the case to the Sessions Court where the accused were tried by the learned addl. Sessions Judge, Pune and acquitted by the impugned judgment.