RAJU GOPAL CHAVAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant herein who happens to be the original accused No. 2 in Sessions Case No. 480 of 2000 is convicted for offence punishable under Sec. 498(A) r/w 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 years and fine of Rs. 1,000/ - i.d. to suffer further rigorous imprisonment for 3 months. He is also convicted for offence punishable under Sec. 306 r/w 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 5 years and fine of Rs. 2,000/ - i.d. to suffer rigorous imprisonment by 4th Additional Sessions Judge, Pune, vide Judgment and Order dated 16/05/2002. Hence, this appeal. Such of the facts which are necessary for the decision of this appeal are as follows.

(2.) Appellant herein was married to Mangal, daughter of P.W. 1 on 30/04/1985. On 19/05/1985 she was admitted in Sasoon Hospital with history of burn injuries. Her statement was recorded by the Special Judicial Magistrate on the same day. She had disclosed to the Special Judicial Magistrate IInd class, Pune, District: Pune, upon inquiry, that on that day, while she was preparing tea, her veil/pallu had fallen on the stove. Her saree had caught fire and she had sustained burn injuries. The woman living in the neighbourhood had extinguished the fire and had called upon her husband. He had admitted her in the hospital. She had specifically disclosed that she was married to the appellant just 15 days prior to the incident and there is no specific reason for the said incident. She succumbed to the burn injuries on the same day as she had sustained more than 90% burn injuries. The said statement is at Exhibit 35.

(3.) After the demise of Mangala, A.D. No. 62 of 1985 was registered. Investigation was set in motion. Spot panchanama, inquest panchanama were conducted in the A.D. inquiry. The body was sent for post mortem. Post mortem notes revealed that cause of death was shock due to burns. There were no other injuries on the person of the deceased. On 26/05/1985, father of deceased Mangala had approached the police station and lodged a report that soon after marriage, Mangala was harassed by her husband and her mother -in -law on account of demand of Rs. 5,000/ -. She had also complained that her mother -in -law was annoyed since the golden chain and ring which was presented to the appellant was not of the same weightage which was assured/promised. It is also alleged that Mangala had specifically disclosed to her father that her husband i.e. present appellant is having illicit intimacy with a woman called Mumtaz who is residing just opposite her house. On the basis of his report, crime No. 89 of 1985 was registered at Yerawada Police Station against present appellant and his mother for offence punishable under Sec. 306 and 498(A) of Indian Penal Code. Investigation was set in motion. After completion of investigation, charge -sheet was filed on 12/08/1985. The case was committed to the Court of Sessions and registered as Sessions Case No. 480 of 2000. Prosecution examined 4 witnesses to bring home the guilt of the accused.