DEEPAK BALIRAM BAJAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) FOR committing the murder of Jyoti Dipak Bajaj in furtherance of their common intention, her husband Dipak Baliram Bajaj (appellant No. 1) and her father-in-law Baliram Nichaldas Bajaj (appellant No. 2) have been convicted under section 302 read with section 34 of the Indian Penal Code by the learned Additional Sessions Judge, 4th Court, Thane, and sentenced to suffer imprisonment for life and to pay a fine of Rs. 200 in default to suffer rigorous imprisonment for 15 days. Aggrieved thereby they have filed the present appeal.

(2.) JYOTI (the deceased) was given in marriage to the appellant No. 1 by her mother Saraswati (P. W. 2) two years before her death. Since marriage, she was living in Camp No. 5, Ulhasnagar along with her husband and father-in-law, while her mother and brother Nandlal (P. W. 4) were living in Camp No. 4.

(3.) ON July 28, 1989, at or about 1. 00 a. m. the appellant No. 1 went to the house of P. W. 2 and reported that Jyoti had set herself on fire after pouring kerosene oil on her body and sustained injuries. He requested her to accompany him and bring Jyoti back to her house for treatment and assured her that all expenses thereof will be borne by him. She then, accompanied by appellant No. 1, went to her house followed by her son Nandlal. On seeing the condition of Jyoti, they arranged her removal first to the Sarvanand Hospital and then to the Central Hospital, Ulhasnagar, where she succumbed to her injuries in the following evening.