KISHORE MACCHINDER PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offences punishable under Sections 498-A and 306 of Indian Penal Code by the learned 6th Additional Sessions Judge, Nagpur, by his judgment and order dated 9th December, 1998, in Sessions Trial No. 326/1996. The incident in question had occurred on 11th January, 1996 at about 9.30 a.m. at the house of the mother of the deceased (complainant). The appellant was married to the deceased on 21st May, 1995. It is the case of the prosecution that the appellant was subjecting the deceased Mamta to cruelty and was demanding home appliances and cash amount. Therefore, the deceased had been staying with her mother at Kanhan. The appellant is resident of village Yerkheda, Kamptee, which is nearby to Kanhan.

(2.) It is also the case of the prosecution that deceased was not keeping well and she was advised to abstain from physical intimacy with her husband. It is alleged against the appellant that appellant used to visit the house of his mother-in-law and used to beat the deceased. On the date of incident i.e. on 11th January, 1996, at about 6.30 a.m., the appellant had visited the house of his mother-in-law and had beaten the deceased. The sister of deceased Mrs. Seema Gajbhiye was also staying in the nearby premises. She had seen the incident. She had also seen that the deceased went inside the house after the incident of beating and set herself on fire. The deceased was thereafter removed to Hospital, where her statement was recorded by the Police Head Constable, in which she had stated that the appellant had beaten her on the date of incident and thereafter she had poured kerosene on herself and set herself ablaze. It was further stated by her that since one month prior to the date of incident, the appellant had been visiting the house of his mother-in-law and had been abusing and assaulting the deceased. The statement of the deceased was recorded by the Head Constable at about 17.30 hours. The First Information Report was registered on the statement made by the mother of the deceased at about 23.20 hours on 11th January, 1996.

(3.) After registration of the First Information Report, statements of the witnesses including Mrs. Seema Gajbhiye and the friend of the deceased were recorded. It appears that the deceased had died by the time First Information Report was recorded and therefore, offence under Sections 498-A and 306 of Indian Penal Code was registered against the appellant. The dead body of the deceased was subjected to post mortem examination. The Doctor who examined the dead body of the deceased had reported that the deceased had died due to burn injuries. The deceased had died at about 5.45 p.m. The panchnama of the spot was also drawn.