DATTA MAHADEV WADILE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is original accused No. 1. He claims to impugn the order of conviction and sentence imposed upon him by learned Addl. Sessions Judge, Pune, on 4th June, 1986 in sessions Case No. 93 of 1986. By the said order he has been acquitted of the offence under section 306 of the Indian Penal Code but has been convicted for the offence under Section 498-A of the Indian Penal Code. For the offence under 498-A of the IPC he has been sentenced to suffer rigorous imprisonment forgone year and to pay a fine of Rs. 500/- in default to suffer further rigorous imprisonment for two months.

(2.) BY the very same order, accused No. 2 has been acquitted for both the charges under Section 306 as also under Section 498-A of the Indian Penal Code.

(3.) THE case of the prosecution, in short, as under :--Mangal was married to the accused about two years prior to the date of the incident. The incident in question occurred on 28th July, 1985 at about 9. 00 p. m. when Mangal sustained burn injuries while she was in her house in Takar Colony, Baramati, which is owned by P. W. 4, babau Jadhav. Accused No. 1 and Mangal were residing there as tenants. Accused No. 1 on noticing the fire entered and tried to extinguish fire. Thereupon his clothes caught fire and he himself sustained burn injuries. He came out shouting for help. The fire was ullimately extinguished by the neighbours. Both, accused No. 1 and Mangal, were admitted in a local hospital. Mangal and sustained 99 per cent burns and she succumbed to her burns at 6. 00 a. m. on the following morning i. e. , 29th June, 1985. Initially the death of Mangal was recorded as accidental death. While in the hospital, P. W. 8, Suresh Dattatraya Kale, a Police constable recorded a dying declaration, Exhibit 21, of Mangal. As per the version of Suresh Kale, he sent message to the Taluka Executive Magistrate and the latter also recorded a dying declaration of mangal. That dying declaration, however, is not forthcoming. The prosecution has not chosen to produce the same on record.