GULAM HUSEIN SK DAGU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants were prosecuted on the allegation of having committed offences punishable under Sections 498A of the IPC and 306 of the IPC, read with Section 34 of the IPC. They were convicted on a trial held by the learned IVth Assistant Sessions Judge, Dhule. The learned Assistant Sessions Judge sentenced the applicant No. 1 to suffer rigorous imprisonment for 5 years, and to pay a fine of Rs. 500/-, with a default sentence, with respect to the offence punishable under Section 306 of the IPC; and to suffer rigorous imprisonment for 6 months, and to pay a fine of Rs. 500/-, with default sentence, with respect to the offence punishable under Section 498A of the IPC. The learned Assistant Sessions Judge sentenced the applicant Nos. 2 and 3, to suffer rigorous imprisonment for 3 years, each, and to pay a fine of Rs. 300/-, each, with default sentence, with respect to the offence punishable under Section 306 read with Section 34 of the IPC, and to suffer rigorous imprisonment for 6 months, each, and to pay a fine of Rs. 300/-, each, with respect to the offence punishable under Section 498A read with Section 34 of the IPC. The learned Assistant Sessions Judge directed that the substantive sentences would run concurrently.

(2.) The applicant No. 2 died during the pendency of the present revision. In its order dated 11th September 2012, this Court observed that the Revision Application, so far as it related to the applicant No. 2, stood abated.

(3.) The case of the prosecution before the trial court was that, the applicant No. 1 Sk. Gulam Husein - husband of Sayarabi; the applicant No. 2 Riyasatbi - mother-in-law of the said Sayarabi; and the applicant No. 3 Hasinabi - sister-in-law of the said Sayarabi, used to harass and ill-treat Sayarabi. The marriage between Sayarabi and the applicant No. 1 had taken place on 17-3-1991. The case of the prosecution was that, Sayarabi was being treated with cruelty because of her inability to conceive. It was alleged that, at times, she was being kept without food. On 20-1-1992, Sayarabi set herself on fire. She had sustained 98% burn injuries. She died on 21-1-1992 on account of the burn injuries.