MARTHABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants are questioning the judgment and order of conviction dtd. 13/2/2002 passed by 4th Ad-hoc Additional Sessions Judge, Ahmednagar in Sessions Case No. 145 of 2001, convicting appellants for offences under Ss. 498-A and 306 of the Indian Penal Code [IPC].

(2.) Accused, who were in-laws of deceased Kusum, were chargesheeted by Bhingar Police Station on the premise that deceased, a widow, resided with her children in the immediate neighbourhood of accused persons i.e. her in-laws. Since demise of her husband Santosh, accused persons were subjecting deceased Kusum to ill-treatment as they were keen in seeing that she leaves the house, having lost her husband. According to prosecution, they used to regularly abuse her and subject her to both, physical and mental cruelty.

(3.) On 17/7/2001, it is the case of prosecution that, accused persons again came to deceased, picked up quarrel and after abusing her, she was beaten by means of fist and kick blows. Such treatment having become unbearable, deceased immolated herself resulting into 92% burns. She was admitted to hospital. Her dying declaration was recorded on the strength of which, crime bearing no. 64 of 2001 was registered for offences punishable under Ss. 498-A, 323, 504, 506 r/w 34 of IPC. While undergoing treatment, she succumbed and therefore, charge was converted to 306 of IPC and after completion of investigation, they were duly chargesheeted and tried by learned 4th Ad-hoc Additional Sessions Judge, Ahmednagar, who, on appreciating oral and documentary evidence, held all accused persons guilty for offence under Ss. 498-A and 306 r/w 34 of IPC and sentenced them to imprisonment and to pay fine.