PANDHARINATH Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) The appellants question judgment and order dated 21st July, 2011 recorded by the learned Additional Sessions Judge, Parbhani in Sessions Trial No. 17/2010, thereby convicting them for offence under Section 302 read with Section 34 of Indian Penal Code, directing to undergo rigorous imprisonment for life and fine of Rs. 500/- each, in default to undergo, simple imprisonment for two months. The appellants are acquitted for the offence under Section 498A read with Section 34 of IPC. Rukhminibai (deceased) was married to appellant No. 1 - Pandharinath prior to seven years of the incident. Appellant No. 2 - Sumanbai is mother-in-law of Rukhminibai. The couple was blessed with a son. Rukhminibai and appellants were residing separately from other family members.

(2.) On 13.3.2009, incident of Rukhminibai suffering burn injuries at around noon, has taken place, and she was taken to Civil Hospital, Parbhani by appellant No. 2 - Sumanbai and Smt. Gangasagar with others.

(3.) Rukhminibai died on 18th March, 2009 during medical treatment at Government Hospital at Parbhani. Her inquest (Exhibit-38) was admitted by the Appellants. Post-mortem (Exhibit-15) was carried on the dead body of Rukhminibai by PW No. 1 - Dr. Bashir Ahmed Khan Nasir Khan. He has proved the same. Reason, according to him, was septicemic shock due to burn thermal mixed type.