NANDABAI BALU DUSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, aggrieved by the order dated 27-11-1987 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 52 of 1987, convicting her under section 498-A I. P. C. and 306 I. P. C. and sentencing her to undergo 3 months rigorous imprisonment and to pay a fine of Rs. 50/- or in default to suffer further rigorous imprisonment for 15 days under the first count and to suffer one years simple imprisonment and to pay a fine of Rs. 50/- and in default to under go simple imprisonment for 10 days under the second count, (substantive sentences to run concurrently) has come up in appeal before me. Along with the appellant her mother-in-law Shahabai Sampat Sonawane was also tried but vide the aforesaid order she has been acquitted.

(2.) THE prosecution case in brief is that the deceased Jayashree John Sonawane was married to John Sonawane about 6 months prior to the incident. She used to reside along with her husband and her mother-in-law (acquitted accused) Shahabai Sampat Sonawane, her father-in-law Sampat and her brother-in-law Sunil in Thergaon, Laxmi Nagar, Taluka Mulshi, District Pune. It is alleged that about a month prior to the incident, her husbands sister, namely, appellant Nandabai Balu Dusing had come to her parents house and since then was staying with them. It is also alleged by the prosecution that the appellant used to constantly abuse the deceased Jayashree on one ground or the other and constantly used to quarrel with her. Acquitted accused Shahabai always used to take the side of the appellant. On 25-11-1986, at about 12. 00 noon, when Jayashree was going out of the house for washing clothes, the appellant quarelled with her and asked her not to go out of the house. She also taunted her alleging that she was not the daughter of one father and also started abusing her. She is also alleged to have told her that in case she did not want to listen to her then she should pour kerosene oil on her person and set fire to herself. She is also said to have been shouting angrily. The deceased Jayashree told her that she would set fire to herself and to that the appellant is alleged to have replied that she had perfect liberty to set fire to herself. On that Jayashree is alleged to have poured kerosene oil on her body and set fire to herself. It is also alleged that at that time inside the house, the acquitted accused Shahabai, father-in-law of Jayashree Sampat and her brother-in-law were present but none of the aforesaid persons made any endeavour to save her. On the other hand, Jayashrees father-in-law is said to have pushed her away. Immediately, after the incident a car was arranged for and in the same her in-laws brought her to Sassoon Hospital for treatment. On the way, her in laws are alleged to have told her to give a statement that she was burnt on account of bursting of stove.

(3.) AT Sassoon Hospital, Pune, Jayashree was medically examined on the same day by P. W. 1 Dr. Manmohan Vasant Jagade who found that she had sustained burn to the extent of 80%.