STATE OF MAHARASHTRA Vs. SINDHU KALAVATI KACHARE

JUDGEMENT

(1.) ALL these appeals arise from judgment and order dated 23rd March, 2000, passed by the Additional Sessions Judge, Ahmednagar, in Sessions Case No. 142 of 1992. Appeals Nos. 145 of 2000 and 158 of 2000 are filed by original accused against their conviction under Section 498A read with Section 34 of the Indian Penal Code and Criminal Appeal No. 257 of 2000 is State's appeal against acquittal of the two accused from the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, in the alternative under Section 306 read with Section 34 of the Indian Penal Code.

(2.) LET us call the parties by their designation in the trial Court. The appellants in Criminal Appeal Nos. 145 of 2000 and 158 of 2000 were accused Nos. 1 and 2 in the Sessions Case. They were charged for the offences punishable under Sections 302, 498A read with Section 34 of the Indian Penal Code, in the alternative they were charged for the offence punishable under section 306 read with Section 34 of the Indian Penal Code.

(3.) LET us now give gist of evidence that has come on record. The prosecution placed reliance on as many as 17 witnesses. The deposition of prosecution witness No. 1 Tathagat, who is brother of the victim, discloses that victim Kalpana was married to accused Vasant and had three children. Victim was staying with accused No. 2 Vasant and her children at Hudco Colony, Ahmednagar. Since he was taking education at Ahmednagar, he was visiting Kalpana frequently. Kalpana told him that her husband Vasant had illicit relation with accused No. 1 Sindhubai. She told him further that both accused harassed her. He informed this fact to his father Dadasaheb. Immediately after Diwali of 1997, he went with Kalpana to her house. Kalpana found a tiffin box in her house which bore name of accused No. 1 Sindhubai. She asked accused No. 2 Vasant about the tiffin and there occurred quarrel between the couple. When he intervened in the quarrel, accused No. 2 Vasant threatened him. Accused No. 2 Vasant then took away Kalpana in a separate room of the house and assaulted her throughout the night. He said, in the morning he saw marks of violence on Kalpana's person. He informed this fact to his father. On 15th January, 1992, he was at his native place Rahuri. His brother -in -law Pramod came to Rahuri and informed him that Kalpana sustained burns and was admitted to a hospital at Ahmednagar. He and his parents rushed to the hospital. Kalpana was able to speak to them. Kalpana told him that Sindhubai and Vasant poured kerosene on her person and set her on fire. However, in the cross -examination, it was brought on record that this witness stated to police on 16th January, 1992, that Kalpana told him that she herself poured kerosene on her person and set herself on fire.