HARIDAS Vs. STATE OF MAHARASHTRA,

JUDGEMENT

(1.) Appellant original accused no. 1 is questioning the judgment and order of conviction passed by the learned Sessions Judge, Beed dtd. 6/10/2015 holding accused guilty for offence punishable under Ss. 498-A and 302 of the Penal Code, 1860 and sentencing him as stated in operative of the order of the learned trial Judge.

(2.) Accused appellant was married to deceased Sunita on 28/6/2022. Out of their wedlock they had a nine months baby girl. According to prosecution, for initial period of six months, deceased was treated well, but subsequently, on account of demand of money for purchasing motorcycle, husband as well as in-laws started ill-treating her, beat her and thereby subjected her to both, physical and mental cruelty. Such deeds at the hands of husband and co-accused were reported by deceased to her parents whenever she went to her parental house. On 20/4/2014, husband returned home in drunken state. In the backdrop of her failure to bring money for purchasing motorcycle, he beat her and incinerated her as a result of which, she suffered burns and she succumbed to the same.

(3.) While undergoing treatment, dying declaration of deceased came to be recorded and on the strength of the same, crime bearing no. 17/2014 was registered initially for the offence punishable under Sec. 307, 498-A r/w 34 of IPC against husband and in-laws, but after demise, crime came to be converted to Sec. 498-A and 302 of IPC.