HIRABAI RAMDAS VYAVAHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ORIGINAL accused Nos. 2 and 3, viz. Hirabai Ramdas vyavahare and Sanjay Ramdas Vyavahare being dissatisfied with the order of conviction and sentence passed by the Additional Sessions Judge, Nasik dated 29th March, 1993 convicting the appellants - original accused Nos. 2 and 3 for the offence punishable under section 498-A read with section 34 of Indian penal Code and directing them to suffer R. I. for three years and to pay fine of rs. 1. 000/- in default R. I. for three months, filed the present Appeal.

(2.) THE facts in nutshell leading to the present appeal are that the deceased Ujwala was the daughter of P. W. 1 Ratan and P. W. 9 Indubai. Marriage of Ujwala was performed with Rajendra on 23-2-1989. After marriage of ujwala she came to reside with her husband Rajendra who was residing along with his father Ramdas, mother Hirabai, sisters Lata and Anita and brother sanjay at Shramik Nagar Colony, Nayik ie. Deolaligaon, Taluka and District nashik. It is alleged that on account of service of Rajendra he was staying at pandharpur. It is further alleged that there was ill-treatment and harassment to Ujwala at the hands of her father-in-law, mother-in-law, sister-in-law and brother-in-law on account of unlawful demand. Ujwala on her visit to her parents house has disclosed in respect of ill-treatment, harassment to her father, uncle, and her uncle has also advised Ujwala to make a report to the police Station about the ill-treatment and harassment. It is farther alleged that mother-in-law of Ujwala, namely, Hirabai used to insist to bring gold ornaments. Even accused Sanjay used to insist for household articles and as the father of Ujwala could not fulfil the demand, it is alleged that the ill-treatment continued. Even the father-in-law, mother-in-law, brother-in-law, sister-in-law used to instigate Rajendra and on that count Rajendra used to beat Ujwala.

(3.) THE alleged incident took place on 6-9-1989. It is further alleged that one day prior to the above incident i. e. on 5-9-1989 Rajendra slapped Ujwala at about 6. 30 p. m. Even on 6-9-1989 Ramdas father-in-law of Ujwala returned the house under the influence of liquor. Other accused i. e. Lata, Anita, sanjay, Hirabai were in the house at that time. It is alleged that accused No. 4 Lata Ramkrishna Shejwal poured kerosene on the person of Ujwala and hirabai set her on fire and due to which Ujawla sustained burn injuries. Ujwala was immediately taken to the hospital on account of burn injuries sustained by her. The Medical Officer on duty prepared case paper, informed the police, the police accordingly made requisitions to the Special Executive magistrate for recording dying declaration of Ujwala and on the very day i. e. on 6-9-1989 dying declaration of Ujwala was recorded at about 11 p. m. in which she disclosed that she sustained burn injuries accidentally. On the next date on information given to the father and mother of Ujwala, they visited the hospital. It is alleged that Ujwala disclosed in respect of the incident to her father and mother alleging that her husband Rajendra slapped her and that Lata poured kerosene on her person and Hirabai set her on fire. On 9-9-1989 another requisitions was given to the Special Executive Magistrate for recording dying declaration of Ujwala and in the said dying declaration she disclosed in respect of the alleged incident and the manner in which she sustained burn injuries. Even the Police Officer also recorded the statement of Ujwala and the said dying declaration of Ujwala are accordingly proved at Exhibits 48, 50 and 60. Ujwala ultimately succumbed to the burn injuries on 17-10-1989. PSI on the basis of the dying declaration registered crime against father-in-law, mother-in-law, sister-in-law and brother-in-law of Ujwala i. e. accused Nos. 1 to 5 for the offence punishable under sections 498-A and 302 of Indian Penal Code. After recording statement of certain witnesses the police submitted charge-sheet against the above five accused before the Judicial Magistrate First Class. As the offence under section 302 being exclusively triable by the Sessions court, Judicial Magistrate First Class committed case to the Court of Sessions. Additional Sessions Judge, Nashik, accordingly framed charge against the accused for the offence punishable under sections 498-A and 302 of Indian Penal Code read with 34 of I. P. S. All the accused denied the charge and claim to be tried. The prosecution to connect the accused in the above said crime examined P. S. I, who recorded the statement, the Special Executive magistrate who recorded dying declaration on 6-9-1989 and another dying declaration on 9-9-1989. The prosecution has also examined the doctors who ascertained the condition and after ascertaining the condition Special Executive Magistrate recorded dying declaration, and the doctor who examined the condition of Ujwala when her statement was recorded by PSI. Even the doctor who performed post-mortem has also been examined. Additional District Judge considering the evidence on record acquitted the accused Nos. 1 to 5 for the offence punishable under section 302 read with 34 of I. P. C. considering her inconsistency in the dying declaration Exhibits 48, 50 and 60. So far as regards offence under section 498-A is concerned, the Additional District Judge concluded that there is no evidence about the illtreatment so far as accused Nos. 1, 4 and 5 are concerned, however convicted two accused i. e. accused Nos. 2 and 3 i. e. Hirabai mother-in-law of Ujwala and Sanjay brother-in-law of Ujwala for the offence under section 498-A read with 34 of I. P. C. and directed them to suffer R. I. for three years and to pay a fine of Rs. 1,000/- in default R. I for three months. The said order of conviction and sentences by the Additional Sessions Judge dated 29-3-1993 is challenged by filing the present appeal.