BHAGWAN TUKARAM DANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction passed on 9-3-1999 by the VI Additional sessions Judge, Satara in Sessions case No. 11 of 1999 convicting the accused under sections 302, 498 read with 34 of I. P. C. and sentencing them to suffer R. I. for life, the appellants have filed this appeal on the ground mentioned in the memo of appeal as also verbally canvassed by the learned counsel appearing on behalf of the accused/ appellants.

(2.) WITH the assistance of the learned counsel for the defence and the learned prosecutor we have scrutinised the evidence and have reappreciated the evidence on record.

(3.) THE prosecution story as disclosed by the reappreciation of the evidence stated briefly is that the accused No. 1 is the husband of the victim and the accused No. 2 is the father of accused No. 1. Both of them used to illtreat the victim for not fulfilling their financial demands and there is evidence on record to show that they were physically harassing the victim. In the night of 18th and 19th October 1998 the accused allegedly poured kerosene on the victim and set her a fire, as a result of which she was seriously burnt and was admitted to the hospital. In the hospital her dying declaration was recorded in which she squarely named the accused persons as the perpetrators of the crime and therefore the investigation was taken up at the end of which the accused were charge sheeted under Sections 302 read with 34 and 498 read with 34 of the I. P. C.