NITIN PANDURANG SABLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant i.e. the original accused has challenged the judgment and order dtd. 16/11/2002 passed in Sessions Case No.26/2002 by the learned 1st Adhoc Additional Sessions Judge, Ahmednagar (hereinafter referred to as "the learned trial Court"), whereby he has been convicted for the offence punishable under Sec. 498-A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.10,000.00 in default to suffer simple imprisonment for one year.

(2.) The case of prosecution is that one Manisha Pandurang Randhavat i.e. the daughter of PW-2 Pandurang Randhavat and sister of complainant PW-1 Raju Randhavat, got married with the appellant on 9/5/1997. The appellant was residing at village Akhoni, Taluka Karjat, District Ahmednagar and serving as a Teacher in Zilla Parishad Primary School at village Khed of the same Taluka. He used to attend his service by doing up-down on motorcycle from his village. The appellant treated Manisha properly only for a period of six months after the marriage and thereafter started ill-treating her by beating and keeping her hungry. He used to take doubt about her character. He also used to demand an amount of Rs.25,000.00 from Manisha for payment of motorcycle which he had already purchased. He was also demanding certain amounts for construction of house.

(3.) Thereafter on 1/12/2001 at about 11.30 a.m. complainant's cousin Anil informed him that Manisha sustained burn injuries at her residential house on 30/11/2001 at about 10.00 p.m. and was admitted to the hospital at Baramati. When the complainant went to the Government Dispensary at Baramati, he found his parents and sister already arrived there. Father-in-law of Manisha was present in the said hospital, but the appellant was not there. At that time Manisha told him that on the day of incident there was Mutton Party arranged by the appellant and his two colleague teachers were invited for dinner. All of them consumed liquor and Manishan then served food to them. However, when those teachers left the house, the appellant scolded Manisha as to why she served more Mutton to one of his colleagues and raised suspicion that Manisha was having an affair with the said teacher. Then on the same day when Manisha slept, the appellant poured kerosene on her person and set her on fire, and therefore, Manisha sustained 96% burn injuries. Then the complainant on 6/12/2001 lodged complaint against the accused, however, since Manisha died on 10/12/2001, the investigating machinery added charge under Sec. 302 of I.P.C. in Crime No.186/2001 which was already registered against the appellant for the offences punishable under Ss. 498-A and 307 of I.P.C. After completion of investigation, the concerned Investigating Officer filed charge-sheet against the appellant/accused and after conducting the trial, the learned trial Court convicted the appellant for the offence punishable under Sec. 498-A of the I.P.C. and sentenced him as aforesaid. However, the learned trial Court acquitted the appellant from the charge under Sec. 302 of the I.P.C.