JAVED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Appeal has been filed by original accused No.1 who has been convicted by learned Additional Sessions Judge, Aurangabad on 22/11/2016 in Sessions Case No.162 of 2014 after holding him guilty of committing offence punishable under Sec. 302, 498-A of the Indian Penal Code.

(2.) Before we proceed, we would like to put the relationship of the parties on record. Deceased Surayya was the wife of present appellant. They got married on 5 th May 2013. PW-3 Mirza Akbar Baig is the father of deceased. Originally there were two accused persons against whom the charge-sheet was filed. Accused No.2 was Shaikh Sakina Shaikh Gulam Rasul. She is the mother of accused No.1. However, after assessment of the entire evidence, the learned trial Judge has acquitted accused No.2. Further, it is not in dispute that Surayya caught fire on 25 th February 2014 and was admitted by original accused No.2 Sakina to Ghati Hospital, Aurangabad. MLC (Medico Legal Case) was sent by Ghati Hospital to the police. Further, it is not in dispute that Surayya had sustained 49% burn injuries.

(3.) The prosecution story is that after the MLC was given by Ghati Hospital to Medical Chowki in the same Hospital, it appears that the fact was informed to Karmad Police Station as the incident had taken place at village Kumbephal, Taluka and District-Aurangabad, which was within the jurisdiction of Karmad Police Station. Dying declaration came to be recorded around 2.05 p.m. on 26/2/2014 by PW-8 PSI Durga Barase and that has been treated as the First Information Report (for short "FIR") under Sec. 154 of the Code of Criminal Procedure. At that time the offence came to be registered vide Crime No. 44 of 2014 under Sec. 307, 498-A, 323 read with Sec. 34 of the Indian Penal Code. Request letter was also given to the Special Judicial Magistrate, Aurangabad to record the dying declaration of Surayya. PW-7 Ashok Nandagavali recorded second dying declaration between 8.50 p.m. to 9.00 p.m. on 26/2/2014. The investigation was carried out by PW-10 PSI Baban Gaikwad and PW-9 PI Baliram Gite, respectively. During the course of investigation they have carried out the spot panchnama and recorded statements of witnesses. Unfortunately Surayya expired on 15 th March 2014 while undergoing the treatment with Ghati Hospital, Aurangabad and thereafter inquest panchnama was carried out and the dead body was sent for postmortem. After the postmortem was carried out, the probable cause of death that was given, was "Septicemia due to thermal burns". Under the said circumstance, Sec. 302 of the Indian Penal Code came to be added and further investigation has been carried out. After completion of the investigation, charge-sheet came to be filed.