SAU RUKHMABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred by the appellant-original accused Rukhamabai w/o. Ballram Walragade against the judgment and order dated 29/2/2000 passed by the Additional Sessions Judge, Washim in Sessions Case No. 53 of 1999, whereby the appellant-original accused has been convicted for an offence punishable u/s. 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500. 00 in default to suffer rigorous imprisonment for three months.

(2.) THE prosecution case, in brief, is that the murdered woman was one Asha, aged about 18 years. Deceased Asha was the daughter-in-law of the accused. Deceased Asha was married to Samadhan, the son of appellant-accused one year prior to the incident and since the time of her marriage, she was staying with the appellant-accused along with the other members of the family at village Kaotha. Her husband Samadhan was residing at Nashik to earn his livelihood. The incident occurred on 13/3/1993. It is alleged that there was a quarrel between the accused and deceased Asha. Due to the quarrel, the appellant-accused got annoyed and she poured kerosene on the person of the deceased and set her on fire. Asha sustained 63% burns all over her body. She was admitted in the Rural hospital at Risod. As soon as she was admitted in the hospital, the Medical Officer gave information to the Police Station Officer, Risod about the burn injuries sustained by deceased Asha. He requested the Police Officer to make an arrangement for recording of the dying declaration. Kashiram s/c. Lodji Khuley (P. W. 1), who was working as an Executive Magistrate, received the requisition from the police for recording the dying dec-laration and in pursuance of the said requisition, he visited the hospital. He sought opinion of the doctor as regards mental fitness of Asha for the purpose of recording the dying declaration and thereafter, he recorded the dying declaration of Asha on 13-3-1999 from 10. 30 P. M. to 10. 45 P. M. In her Dying declaration, the deceased made dis-closure that her mother-in-law poured kerosene on her person and set her on fire.

(3.) ON the basis of Dying declaration of deceased Asha, the offence came to be registered against the appellant-accused at Crime No. 31 of 1999, u/s. 307 of the Indian Penal Code. On the next day, the Investigating Officer visited the spot and drew panchanama. He seized the articles lying on the spot and sent them to the Chemical Analyser. After giving first aid treatment to the deceased at Rural hospital, Risod, she was referred to the Civil hospital at Akola for further treatment. However, she succumbed to the burn injuries on 18-3-1999. The offence was then converted into one for murder punishable u/s. 302 of the Indian Penal Code. The Investigating officer pre-pared inquest panchanama and referred the dead body of deceased Asha to the Medical Officer for post mortem examination. The Investigating Officer recorded the statements of witnesses. The accu-sed was arrested on 16th March, 1999. After completion of Investigation, the appellant-accused was charge sheeted for the aforesaid offence in the Court of Judicial Magistrate, First Class, Risod.