VATSALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants/original accused were tried for the offences punishable under Sections 302, 304-B, 498-A read with Section 34 of the Indian Penal Code in Sessions Case No. 88/1998 on the file of the learned Additional Sessions Judge, Achalpur. By a judgment and order dated 1.2.1999, the appellants came to be convicted for the offences as charged. For the offence punishable under Section 302 r/w 34 of the Indian Penal Code, they have been sentenced to suffer imprisonment for life and to pay a fine of Rs. 2,000/- in-default to suffer rigorous imprisonment for two months. For the offence punishable under Section 304-B r/w 34 of the Indian Penal Code, they have been sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 2,000/- in-default to suffer rigorous imprisonment for two months and lastly for the offence punishable under Section 498-A r/w 34 of the Indian Penal Code, they have been sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/- in default to undergo further rigorous imprisonment for one month. Feeling aggrieved, the appellants have come up in appeal. The prosecution case may be briefly stated thus:-

(2.) On 11.2.1998, the appellant No. 4 had come to the house of P.W. 1-Smt. Venubai stating that Jyoti is ill and he would be bringing her at Lakhanwadi at about 4.00 pm and asking that she be treated by one Dr. Deshmukh. It is said that the appellant No. 4 -Anil Kakad returned back at about 12.00 noon and on the same day at about 3.00 pm Jyoti sustained severe burns and she was initially carried by appellant Nos. 3 and 4 to Primary Health Centre at Kokarda from where she was shifted to Rural Hospital at Daryapur, where she was treated and was further advised to be shifted to General Hospital at Amravati, where Jyoti succumbed to the burn injuries at about 10.15 pm. According to the prosecution, while at the Rural Hospital at Daryapur, Jyoti disclosed to P.W. 1 - Smt. Venubai and others that the appellant No. 1 poured kerosene on her person and the appellant No. 2 set her ablaze. On the basis of a complaint lodged by P.W. 1 -Venubai on the same day, an offence came to be registered. Prior to that a case of accidental death was registered at City Kotwali Police Station at Amravati and during the course of investigation of that A.D., ASI Bhaurao had visited the General Hospital at Amravati and drawn an inquest panchanama and the dead body was sent for postmortem examination which was conducted by P.W. 5 - Dr. Manohar Mohod. On lodging of a complaint, initially an offence under Sections 307, 304-B and 498-A r/w 34 of the Indian Penal Code was registered and on the death of Jyoti, an offence under Section 302 of the Indian Penal Code came to be added. During the course of investigation, P.W. 9 - ASI Ujjwal Gaikwad visited the spot, prepared a spot panchanama, recorded the statements of the witnesses, effected certain seizures, seized articles were sent for the report of the Chemical Analyser and on completion of investigation, a chargesheet came to be filed, which was committed to the Court of Sessions.

(3.) The learned Sessions Judge framed charge to which the appellants pleaded not guilty and claimed to be tried. At the trial, the prosecution has examined in all nine witnesses. The appellants have not led any evidence.