HANMANT DADA BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated l 8/08/1998 passed by Additional Sessions judge, Thane in Sessions Case No. 294 of 1989 holding him guilty for commission of offences punishable under sections 498-A and 302 of the Indian penal Code and sentenced him to suffer two years R. I. and to pay fine of Rs. 200/- in default to suffer R. I. for two months for the offence punishable under section 498-A of I. P. C. and for life imprisonment and to pay fine of Rs. 200/-in default to suffer R. I. for two months. The substantive sentences were directed to run concurrently.

(2.) THE facts giving rise to the present case, in brief, are thus-

(3.) THE appellant was married to deceased Ranjana in the year 1985 and since that time they were residing in hutment at NOUCIL Naka, Rabale Tal. and Dist. Thane. Few days after the marriage the accused started ill-treating ranjana by beating her and also harassed her demanding gold ring which was agreed to be given in their marriage. About 7/8 months prior to the incident which occurred on 18-11-1998, the appellant had brought Ranjana at her parental home and left her there for about a month. After about one month the appellant went to her parental home with a document for divorce and expressed his desire that he wanted to divorce Ranjana and she should sign the document. The parents of Ranjana prevailed over him to arrange meeting of elderly persons from the community, which took place and in the course of the meeting the appellant agreed to took her back and guaranteed that she would not be harm. Thereafter during Diwali of 1988 the accused along with Ranjana were invited her parental home at which time he was presented new clothes along with gold ring. Thereafter accused and Ranjana returned to their residence. However, the accused again started ill-treating her by abusing and beating. On 18-11-1988 in the morning time Ranjana had gone outside for bringing soil and when she returned back at noon accused had returned to home and was angry when he found that Ranjana was not there. He then started beating Ranjana with stick and thereafter poured kerosene and set her on fire. As a result of which she suffered bum injuries. The neighbours gathered there and extinguished the fire. She was then admitted in the private hospital of one Dr. Sapatnekar by the neighbours. The medical Officer of the said hospital had informed the police at Naupada Police station. The police visited the hospital but it appears that on 18th and 1 9/11/1988 police could not record the statement of Ranjana as she was not in a position to give the statement and therefore, on 20-11-1988 Dr. Sapatnekar contacted the police and police arrived at the hospital and were informed that Ranjana was in a position to give her statement. Accordingly, police recorded her statement on 20-11-1988 in presence of Doctor on duty, who certified that the patient was in conscious condition to give statement. The statement was recorded at about 4. 00 p. m. on that day wherein she squarely implicated the accused, who had poured kerosene on her person and set her on fire. The said statement was treated as FIR and offence was registered against the accused at C. R. No. 1-524/1988 for offence under section 307 of the Indian Penal Code at Rabale Police Station. In the meantime on 20-11-1988 father of the accused informed the parents of Ranjana about the incident, due to which they along with brothers of Ranjana rushed to the hospital. Ranjana informed her brothers about the incident and stated that the accused set her on fire. Ranjana succumbed to her injuries on 22-11-1988 while under medical treatment at Civil Hospital at thane where she was taken from earlier private hospital on 20-11-1988. The offence against the accused was converted under sections 302 and 498-A of the Indian Penal Code. The statements of relatives of Ranjana recorded by the police. Inquest panchnama was held and body was sent for post-mortem examination. Panchnama of scene of incident was prepared and incriminating articles which were seized by the police in the course of investigation were sent to Chemical Analyser for examination, whose report was received, which is part of record. On completion of the investigation the charge-sheet was sent to the Court of law. The Magistrate committed the case to the Court of Sessions.