VIJAY MAHADEO GAJBHIYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offences punishable under Sections 498A and 306 of the Indian Penal Code by the learned Additional Sessions Judge, Nagpur. He has been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/- for the former offence and rigorous imprisonment for seven years and to pay a fine of Rs. 5000/- for the latter offence. Both the sentences were directed to run concurrently. The case of the prosecution before the trial Court was that the deceased Meena was married to the appellant about 6 to 7 years prior to the date of incident. For a few initial years the marriage was peaceful and later on the appellant allegedly started demanding money. It is alleged that the appellant was given Rs. 18,000/- by mother of the deceased and one Mangalsutra was also given to the deceased by her mother.

(2.) The incident in question had occurred on 04-5-1996 at about 3-00 a.m. at the house of the deceased and the appellant. The deceased made enquiries with the appellant as to why did he not bring clothes for his children. The appellant got agitated and inflicted few slaps on the deceased. The deceased got humiliated and she decided to put an end her life. She picked a kerosene can, went to bathroom, poured kerosene on herself and set herself on fire. She was removed to hospital and died on the same day. The cause of death as stated in the Post-Mortem Report is shock due to burns. During the course of treatment of the deceased in the hospital, two dying declarations were recorded by the police. The statements of mother and brother of the deceased were also recorded. After completion of investigation, the charge-sheet had been filed against the appellant for the above stated two offences.

(3.) A charge vide Exhibit 6 was framed by the learned trial Judge against the appellant. He pleaded not guilty to the charge vide Exhibit 7.