SARITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment and order passed by the learned Ad-hoc Additional Sessions Judge, Dhule dtd. 31/12/2004 in Sessions Case No.26/2004. By way of impugned judgment and order though both the appellants came to be acquitted from the offences punishable under Ss. 306 and 506 of the IPC, however, they are convicted for the offences punishable under Ss. 342 and 348 of the IPC. Sentence awarded is 1 year simple imprisonment and 3 years simple imprisonment respectively with fine of Rs.1000.00 and Rs.3000.00 each respectively.

(2.) The story, in short, of the prosecution is that deceased Rekhabai was working with the present accused as Maid. Even her mother was also working as Maid prior to deceased Rekhabai. The accused thus, had full faith in the deceased. It is alleged that deceased Rekha had stolen some gold ornaments from the house of the accused persons and because of that suspicion they made enquiry with the deceased. On 03- 12-2003 at 09.00 am deceased went to the house of the accused for work. At 12.00 noon the accused persons made enquiry and stated interrogation. It is alleged that she was confined in the room till 01.00 O 'clock and thereafter she was taken to the police station. Deceased thereafter committed suicide on 04-12- 2003 at 06.30 am by pouring kerosene on and setting herself on fire. Because of shouts, her mother, father, brother and her husband started extinguishing fire and immediately took her to the Civil Hospital. In the Civil Hospital she succumbed to the injuries.

(3.) While in the hospital, two dying declarations came to be recorded i.e. Exh.9 and Exh.30. First Dying declaration Exh. 9 was recorded by PW-2 Karbhari who was working as ASI at Azad Nagar Police Station. Another dying declaration Exh.30 was recorded by PW-8 Kailash who was working as Awal Karkun in Tahasil Office. In the second dying declaration the deceased stated that she was working as Maid in the house of the accused person. On 3/12/2003, she went to their home at 09.00 am. The accused persons alleged that she has stolen gold ear-rings of 30 gram. The accused persons confined her in a room and put a lock. In this dying declaration she stated that since the accused persons have lodged the FIR against deceased, she committed suicide by pouring kerosene on herself and setting on fire.