BABASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN Sessions Case No. 78 of 1984 the appellant-original accused was put on trial for offences punishable under Sections 302 and 498-A of the Indian Penal Code and by his judgment and order dated 19. 1. 1985 the learned Additional Sessions Judge, Ahmednagar, convicted the accused for both the offences but sentenced him to suffer life imprisonment under Section 302 of the Code. No separate sentence was imposed for offence punishable under Section 498a of the Indian Penal Code. The said order of conviction and sentence is a matter of challenge in this appeal.

(2.) THE prosecution story unfolds as under: The accused was married to Alkabai, daughter of P. W. 3 Shantabai on or about 8. 3. 1977 when she was a minor (11 or 12 years of age ). The accused was having some job at Mira. Both of them are residents of village Athwad in Taluka and District Ahmednagar. About three years after his marriage the accused returned to his village and, therefore, Alkabai started co-habiting with him. He was getting some job intermittently. His last job was as a watchman in Ahmednagar town which also he lost. He was staying jointly with his parents but around Diwali festival of 1983 he separated from them and was given some land to cultivate and separate house adjacent to the house of Ansabai (paternal aunt of the accused ). This development appears to be on the count that Alkabai was complaining of ill-treatment to her because she was asked to do the entire household work. On 11. 4. 1984 the accused was collecting his clothes early in the morning so as to go and stay with his parents. When Alkabai came to know about this, she reportedly told him that while he was leaving his house to go and join his parents he was required to make some arrangements for herself and minor child Sandip. The accused, therefore, got infuriated, picked a plastic can lying in the house, poured kerosene on the person of Alkabai and set her on fire after he latched the door of his house from inside. One of the neighbours went to P. W. 3 Shantabai and P. W. 7 Gayabai--both the members of joint family--and informed about Alkabai sustaining burn injuries, They rushed to the spot along with some other persons in their family. When they went in the house, they saw that the accused was present there and Alkabai was burnt. She was moaning and her minor child was crying. In the meanwhile, the brother of the accused by name Bhagirath also came at the spot and Alkabai was taken to Ahmednagar Civil Hospital by bus. Or, Ranade was the Medical Officer on duty at about 10 a. m. at the Civil Hospital, Ahmednagar, when Alkabai was admitted in the said hospital in the burn ward. Dr. Ranade advised his colleague Dr. Athare to look after the patient and he gave intimation to the police regarding the burn case. The Police Constable Bhingardive attached to the City Police Station informed the Taluka Police Station that a burn-case patient namely Alkabai was admitted in the Civil Hospital at Ahmednagar and she was set on fire by her husband between 8 and 8. 30 a. m. on the same day. Police Constable Buckle No. 1075 made an entry in the station diary of Taluka Police Station at about 10. 25 a. m. P. W. 8 Chavan, PSI, issued a requisition at Exhibit 16 to the Executive Magistrate at about 11. 45 a. m. Accordingly, P. W. 4 Changdeo Khalekar, Executive Magistrate, went to the Civil Hospital around 12 noon and recorded a dying declaration at Exhibit 17. However, before the Executive Magistrate recorded the dying declaration, P. W. 8 Chavan, PSI, went to the hospital and recorded the statement of Alkabai at Exhibit 16 at about 11. 30 a. m. It was treated to be a first information report at Exhibit 30 for an offence punishable under Section 307 of the Indian Penal Code. Alkabai remained under treatment and she succumbed to the burn injuries at about 8. 30 on 14. 4. 1984, In the meanwhile, on registration of the first information report the accused was taken in custody, Spot Panchanama at Exhibit 13 was conducted and the dead body was sent for post-mortem. Dr. Pote conducted the post-mortem and signed PM notes at Exhibit 22. The offence was converted to Section 302 of I. P. C. Wednesday, 17th March, 2004.

(3.) ADMITTEDLY there is no ocular evidence and the prosecution case is based on the circumstantial evidence that has come on record through P. W. 3 Shantabai and P. W. 7 Gayabai as well as two dying declarations at Exhibits 17 and 30 in addition to the medical evidence.