MALHARI VITTHAL JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appeal is filed against the judgment and order of Sessions Case No.28 of 2011, which was pending in the Court of Addl. Sessions Judge, Majalgaon, Dist.Beed. The trial Court has convicted and sentenced the appellant for offence punishbable under Sections 498 A and 306 of Indian Penal Code. The appellant is directed to suffer R.I. for three years for offence under Section 498 A of Indian Penal Code and for seven years for offence under Section 306 of Indian Penal Code. Both sides are heard.

(2.) IN short, the facts leading to institution of the appeal can be stated as follows:

(3.) THE deceased was shifted to the hospital by her relatives. On 10th August, the dying declaration of the deceased came to be recorded between 1700 and 1715 hours. The dying declaration was recorded by the police from Police Station, Ambejogai, as the deceased was receiving treatment at Ambejogai hospital. The dying declaration was sent to Dharur the place where the offence was committed, and accordingly, Crime No.61 of 2010 came to be registered for offence under Sections 498 A, 323 and 504 of Indian Penal Code. Meera succumbed to the burn injuries on 12th August, 2010 and then, offence under Section 306 of Indian Penal Code came to be added. Baburao Rathod, P.S.I. of Dharur Police Station made investigation of the case and filed charged sheet. In the trial, the appellant / accused pleaded not guilty. The appellant admitted that the deceased had set fire to herself on that day, but he denied that he had given ill treatment to the deceased.