SIDRAM NARAYAN BATANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the conviction and sentence recorded against the appellant for the commission of offence punishable Under Sections 498-A. 304-B and 302 all of the Indian penal Code.

(2.) APPELLANT/accused is the husband of the deceased Suvarna. This girl's parents Limba and kanta are prosecution witnesses Nos. 6 and 8. The two families i. e. the family of the accused and that of Limba hail from village Sayyad Varvade, Taluka Mohol, District Solapur. Accused was married to Suvarna some 3 years prior to 8-l2-1987. On 8-12-1987, Suvarna was taken from village Varvade to the District Hospital at Solapur. She was found to have 70% burns and her condition kept deteriorating. Eventually on 14-12-1987 the girl died. Her death was due to septicemia due to 70% burns. The contents of the post-mortem notes which are at Exh. 16 are not seriously questioned.

(3.) THE prosecution case was that for some 2 to 2-1/2 years after the marriage, there was no serious discord between the accused and Suvrna. Later however accused started harassing suvarna inventing one or the other reason as a Justification for so doing. On 4-12-1987, which happened to be a Friday a Satnarayan Pooja had been arranged at the home of Limba, father of suvarna. Some eatable had to be prepared for distribution as 'prasad' to the persons attending the family home for pooja. Kanta bad her periods and could not participate in the cooking of the prasad. For that reason Suvarna was sent far from her husband's home. Suvarna had been warned by the accused to return early at he did not want her to over-stay at her parent's place. The cooking chore delayed Suvarna and it was late evening by the time the chore was over. Persuaded by her parents, the girl decided to stay overnight at her parental home. The decision was not to the liking of the accused. He came remonstrating and when his protests were sought to be silenced by Kanta and P. W. Ramesh Moholkar, the accused took to violence not only upon the person of his wife, but also that of Kama and Ramesh. This was resented by those beaten up as also Limba. They decided to march the accused to the Police Patil of Varvade. That gentleman was engaged in the evening prayers at a mosque and it was to this place that Limba, Kanta and ramesh Moholkar went with the accused. After the prayers were over, the Police Pali, P. W. 7 husaini was informed of what the accused had done. When questioned the accused replied that the accusation was true to the limited extent of his having beaten his wife. Husaini decided that it was late and that the matter would be taken by him on the next day. The party which had came to him was asked to and did disperse. In protest against the doings of the accused, Limba declined to allow Suvarna to go to the marital home. Tempers had cooled down and eventually on the evening of 7-12-1987, Suvarna was taken back to the home of the accused.