SALIM KADAR INAMDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY making this appeal, the appellant seeks to have his conviction for offence punishable under Section 382 of I.P.C and the resultant sentence of rigorous imprisonment for life and fine of Rs. 500/ - or in default rigorous imprisonment for six months, imposed by the learned Additional Sessions Judge, Pune, set aside.

(2.) FACTS which led to prosecution of the appellant are as under : - Appellant was married to complainant Huruddin's daughter Rubina on 19th October 1992. At that time, the appellant was residing alongwith his parents and brother who were arrayed as co -accused at the tria. Victim Rubina was subjected to ill -treatment since about two months after marriage. This resulted in Rubina's giving a report at Police Station, Khed on 31st July 1993. The matter was however amicably settled. Thereafter, the appellant and Rubina were residing separately from appellant's parents and brother. The appellant however continued to ill -treat Rubina. On the night of 14th November 1993, appellant's neighbours heard loud noise from the tenement of appellant. On hearing cries, neighbours rushed to the appellants house and found that there was fire inside, with the door closed.

(3.) RUBINA was taken to hospital, police caused her dying declaration to be recorded by calling a Magistrate. The police also recorded statements of witnesses after receiving a complaint from victims' father Nuruddin Rubina was shifted from Sasoon Hospital to a private clinic where; she succumbed to her injuries on 19th November 1993. After performing an inquest, Police sent the body for post mortem examination. Police performed spot panchanama, seized incriminating Articles, caused them to be examined by forensic science laboratory and on completion of investigation charge -sheeted the accused before the Judicial Magistrate, First Class, Rajgurunagar, Khed who committed the case to the Court of Sessions at Pune,.