RAJENDRA NARANYA MABARAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was put on trial in Sessions Case no. 224/1998 before the learned 2nd Additional Sessions Judge, Jalgaon, for the offence punishable under sections 498-A and 302 of the Indian Penal code (the Code, for short) and by the judgment and order dated 17-8-1999, he came to be convicted for an offence punishable under section 302 of the code, whereas, he has been acquitted for the offence punishable under section 498-A of the Code. He has been sentenced to suffer R. I. for life with a fine of Rs. 100/-, in default, to suffer R. I. for seven days for the offence punishable under section 302 of I. P. C. and he has been in custody from 12-5-1998, as has been noted by the Court below. Being aggrieved by the said order of conviction and sentence, this appeal has been moved before us. By the order dated 18-2-2000, the prayer of the appellant for bail was rejected.

(2.) THE deceased Sarala d/o Makadu Koli (P. W. 5), r/o village Utran was married to the appellant sometimes in the year 1997 and it was alleged that she was often subjected to beating and harassment by her husband in the state of intoxication. Even after her marriage, she had continued to stay with her parents on account of such behaviour of the appellant. On the assurance given by the accused and his parents of proper treatment, she was sent to her matrimonial home along with the accused. On the date of the incidence i. e. 12-5-1998, she was seen in flames while being at matrimonial home and a fire Brigade Vehicle of Pachora Municipal Council had rushed to the spot to extinguish the fire. Narayan Mahajan (D. W. 1), father of the appellant, rushed to the spot after he came to know about the incident and with the help of his son Himmat and one another boy, lifted the deceased in the Fire Brigade vehicle and took her to the Municipal Hospital at Panchora, where, she was treated by Dr. Ramkrishna Teli (P. W. 6) at about 12 noon. He informed the police and accordingly, Head Constable Moghe (P. W. 7) recorded the dying declaration (Exh. 27) of Sarala. Immediately, thereafter, Mr. Raghunath Wani (P. W. 8), the Special Executive Magistrate, on the requisition sent by the police, also went to the hospital and recorded the dying declaration of Sarala (Exh. 32 ). She had allegedly stated in both these dying declarations that her husband had suspected her illicit relationship with his cousin Ravindra and that she had conceived from the said relationship. He poured kerosene on her person at about 11 a. m. while both of them were in the house and set her on fire. Thereafter, he ran way and she was taken to the hospital for treatment, but she did not know who had brought her to the hospital. While under treatment, Sarala breathed her last on the same day at about 3 p. m. and therefore, the earlier crime registered for the offence punishable under section 307 of the Code was converted to an offence punishable under section 302 of the Code. P. S. I. Karpe (P. W. 9) took over the investigation, recorded the Inquest panchanama as well as Spot panchanama, Exh. 13 and Exh. 18, respectively. The cause of death was recorded as "shock due to extensive burns, superficial plus deep, 100%". In the meanwhile, Makadu Koli (P. W. 5) was given message and he also arrived at Pachora. He did not file any complaint. The accused was arrested on the same day i. e. 12-5-1998 about 8 to 9 p. m. under arrest panchanama (Exh. 19) and a shirt on the person of the accused came to be seized under the same panchanama. The said shirt along with other articles collected from the spot was sent for chemical analysis and the C. A. report (Exh. 38) was received. P. S. I. Karpe (P. W. 9) recorded statement of witnesses, including some of the neighbours and on receipt of the C. A. report as well as completion of the investigation, filed charge-sheet in the Court of learned J. M. F. C, Pachora. The case being triable exclusively by the Sessions Court, committal order was passed on 17-11-1998. The charge (Exh. 3) was framed by the learned Additional Sessions Judge on 22-12-1998.

(3.) THE defence had taken a specific plea (Exh. 4) and it was claimed that sarala had committed suicide in the absence of any of the family members and while she was alone in the matrimonial home at about 11 a. m. on 12-5-1998.