THE STATE OF MAHARASHTRA Vs. RUPCHAND HARIBA BAKALE

JUDGEMENT

(1.) The respondents were acquitted of offense under Sections 498-A, 307 read with Section 34 of IPC on 23rd Jan., 2002, by learned Additional Sessions Judge, Aurangabad. The State appeal was admitted on 16.7.2002. Victim Nanda was married to Bhaginath s/o Rupchand and Shantabai. Accused No. 3 Subhadra is sister of Bhaginath. According to prosecution, in the marriage of said Nanda with Bhaginath held on 15.5.1998, a dowry of Rs. 40,000/- was settled out of which Rs. 35,000/- were given, however, balance remained to be paid. In initial three months, there was a routine, happy life for Nanda, however, thereafter, accused Nos. 1 to 4 started torturing her, and to release, and make good amount of Rs. 5,000/-. She was knocked by the accused.

(2.) On 19.3.1999, Nanda was directed to perform harvesting of wheat crop. She went to her parental abode in an auto rickshaw to join her mother. Her mother Kamlabai accompanied her for harvesting. In the evening, while returning, Nanda and Kamlabai reached to Nanda's matrimonial home, accused learnt of Kamlabai coordinating, assisting Nanda in harvesting. At such time, the accused exhorted Kamlabai to direct Nanda of proper behaviour. They were furious, as to why Nanda had been to her parental house at CIDCO without permission. There was heated argument between accused No. 1, and her, as to why she went to parental house, and why she did not bring balance amount.

(3.) Nanda claimed that, in the process accused No. 1 caught hold her hands; accused No. 4 doused kerosene on her from a bottle, ignited matchstick, and put her ablaze. She started crying, went out of her house where her mother was waiting. Her mother attempted to extinguish fire; she was wrapped with a shawl, and taken to Sumananjali Hospital at Aurangabad for treatment. On the way, Nanda's father Balaji joined them. At the hospital, it was informed that Nanda suffered burns while cooking. The burn injuries were recorded to be 55 to 60 per cent. Immediately, statement of Nanda could not be recorded, as she was not in a condition to make statement. Services of Executive Magistrate were called, and dying declaration was recorded. This gave rise to prosecution against the accused/respondent for offense under Section 307 read with Section 34 of IPC.