SANJAY SAKHARAM AHIRE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted for an offence punishable under Sections 498A and 302 of the Indian Penal Code and sentenced to RI for two years and to pay a fine of Rs. 1000/ -, in default of which to undergo further RI for three months and imprisonment for life and to pay a fine of Rs. 2000/ -, in default of which to undergo further RI for six months, by the Additional Sessions Judge -2, Malegaon, by judgment dated 14/10/2009, in Sessions Case No. 76 of 2008, by this appeal questions the correctness of his conviction and sentence. Facts in brief as are necessary for the decision of this appeal may briefly be stated thus: -

(2.) ON committal of the case to the Court of Sessions, trial court vide Exh. 16 framed charge against the appellant for offence punishable under Sections 302 and 498A of the IPC. The appellant denied his guilt and claimed to be tried. Prosecution, in support of its case, examined six witnesses, while the accused in his defence examined three witnesses. Trial court accepted the evidence of the prosecution and convicted and sentenced the appellant as afore -stated.

(3.) PW 2 -Latabai, aunt of deceased Pratiksha, states that Pratiksha was married to the appellant in the year 1999 at village Pade, Taluka -Kalwan. Her husband, the appellant, was a medical practitioner, who had his private hospital. Latabai further deposes that the appellant used to suspect the character of Pratiksha and used to abuse and assault her. Latabai deposes that they had attempted to convince the appellant to behave properly with Pratiksha. Latabai further deposes that the engagement ceremony of the younger sister of Pratiksha was scheduled on 30/12/2007 and all the relatives were awaiting the arrival of the appellant and Pratiksha. At about 4.30 p.m. Latabai and other received a message that Pratiksha had sustained burns. The relatives, accordingly, rushed to the village Lohaner in a private vehicle. On reaching the Lohaner, they learnt that Pratiksha had been shifted to Dr. Vaidya's hospital at Malegaon and, therefore, proceeded to Dr. Vaidya's hospital at Malegaon. On reaching the hospital, they noticed that Pratiksha was completely burnt, but she could talk clearly. On being asked the reasons for the burn, Pratiksha had disclosed that the appellant, who was suspecting her character, was assaulting her on that day from morning. Pratiksha further disclosed that when she had requested about proceeding for attending the engagement ceremony, at about 4.15 p.m., the appellant brought a kerosene can from the house, poured kerosene on her and set her ablaze. Pratiksha further disclosed that the neighbours and the patients from the hospital came and extinguished the fire. Pratiksha had also disclosed that the appellant had admitted her in the hospital at Malegaon and had threatened that she should state that she had sustained injuries due to explosion of gas stove.