JIJABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On account of conviction recorded by learned Additional Sessions Judge-8, Aurangabad in Sessions Case No. 114 of 2015 dtd. 7/8/2017 for offence punishable under Sec. 302 r/w 34 of the Indian Penal Code [IPC], the appellants are questioning the legality, maintainability and sustainability of the said judgment by preferring the instant appeal.

(2.) In brief the case of prosecution is that the appellants, who are parents-in-law of deceased Pramila, picked up quarrel with her in the evening of 25/1/2015 for not bearing child and they asked her to leave. According to prosecution, mother-in-law, on instigation of father-in-law, poured kerosene on Pramila and ignited her. On account of 93% burns, she was taken to hospital where she gave dying declaration naming both in-laws to be responsible for the burns and resultantly, PW3 PSI Pawar recorded the dying declaration and registered crime on the strength of the same. The said crime was investigated by PW11 PSI Khune and after completion of investigation, he chargesheeted the appellants. In support of their case, prosecution adduced evidence of in all 11 witnesses and also relied on documentary evidence like dying declaration, inquest panchanama, FIR and postmortem report etc.

(3.) This being appeal under Sec. 374 of the Code of Criminal Procedure [Cr.P.C.], we have re-appreciated, re-examined and reanalyzed the entire oral and documentary evidence adduced by prosecution in trial court.