DEVIDAS BABURAO KARPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant faced trial for the offence punishable under Sections 498-A and 306 of IPC. THE prosecution version as unfolded during the trial is as under :- THE appellant, (hereinafter referred to as 'the accused' for short) was at the material time, working in the Archeological Department of the Govt. of India as Watchman. Sonabai is the first wife of the accused. Sonabai has two daughters and a son. THE eldest son, Datta was about14-15 years old and the second daughter Ashabai (PW-4) is about8-9 years old. Sonabai was suffering from some ailment, which affected her legs. THErefore, Mangalabai, sister of Sonabai was given in marriage to the accused, 4-5 years before the incidence. THE PW-1 Dadarao Ghule, PW-2 Dnyaneshwar Ghule are brothers of Sonabai as well as deceased Mangalabai. Mangalabai sustained 100% burn injuries and succumbed to it. THE inquest panchanama shows that the deceased sustained injuries on16-8-1991. In the same incidence, PW-4 Ashabai, daughter of the accused from Sonabai also sustained injuries. THE injured Mangalabai was rushed to the Govt. Medical College/hospital, through auto-rickshaw. Mangalabai expired in the hospital on20-8-1991 at about6. 30 p. m. THE FIR, in this case, is lodged by Dadarao Ghule, PW-1, brother of deceased Mangalabai on21-8-1991. Based on this FIR, Entry at Sr. No. 133/1991, was taken at about11. 15 and Crime No. 205/1991 under Sections 498-A and 306 of IPC, is registered. THE investigation was undertaken and completed. Charge-sheet was led in the court of learned Judicial Magistrate First Class, Aurangabad. THE case was committed to the court of Session. It was sessions case No. 251/1991. THE learned Additional Sessions Judge, Aurangabad, by the judgment and order dated-6th March, 1995, convicted the accused for the offence punishable under Section306 and 498-A of IPC and sentenced him to suffer R. I. for 7 years and to pay a fine of Rs. 500/, in default, to undergo R. I. for one month for the offence punishable under Sections 306 of IPC. THE accused is also convicted for th offence punishable under Section498-A of IPC and sentenced to suffer R. I. for 3 years and to pay a fine of Rs. 500/- in default, to undergo R. I. for one month. It is this conviction, which is challenged by filing this appeal by the accused in this court.

(2.) THE learned Additional Sessions Judge framed charge at Exh. 4 under Sections 498-A and 306 of IPC against the accused. THE charge was explained to the accused, who denied and claimed to be tried.

(3.) THE prosecution to prove that charge has examined about10 witnesses. Out of those 10 witnesses, 5 witnesses are material for the alleged illtreatment and the incidence dt. 16-8-1991. PW-1 Dadarao and PW-2 Dnyaneshwar are real brother of deceased Mangalabai. PW-4 Ashabai is the daughter of accused from Sonabai. PW-3 Machchindra is a neighbour. PW-5 Sayed is an auto-rikshaw driver, who rushed the deceased Mangalabai to the Govt. Medical Hospital. PW-8 Mr. Panse is the Executive Magistrate, who has recorded the dying declaration of deceased Mangalabai. PW-6 Dr. Rajput and PW-10 Dr. Kankriya are the Medical Officers from the Govt. Hospital. PWs-7 and 9 are the Police Officers.