KAUSHALYABAI Vs. STATEOF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 31-12-2003 passed by the 1st Ad-hoc Additional Sessions Judge, aurangabad in Sessions Case No. 194/2003 convicting the appellant for an offence punishable under section 302 of the Indian Penal Code and sentencing her to suffer rigorous imprisonment for life and to pay a fine of Rs. 100/-, in default, to suffer simple imprisonment for one week, the appellant has preferred this appeal.

(2.) Briefly stated, the prosecution case is that deceased Nita was married to the son of the appellant namely Sandeep Margude on 24th April 2003. In the marriage, domestic articles were offered to the appellant. After marriage Nita started staying with her husband and mother-in-law, present appellant Kaushalyabai, at Gajanan Nagar area of Aurangabad city. On 26th April 2003 Nita had visited her parental home which is situated at satara Parisar, Beed By-Pass Road, Aurangabad. On 27th April 2003 brother of the husband of Nita, Santosh came to take Nita to her matrimonial home. Accordingly, Nita came back to her matrimonial home and started staying with her husband and mother-in-law. It is alleged that on 6th may 2003 Nita visited her mother and disclosed her that the appellant was asking for an amount of Rs. 20,000/ -. PW 1 Radhabai, the mother of the deceased told deceased that she had already paid Rs. 11000/- for purchasing clothes in the marriage to the appellant and she does not have money to pay the appellant. Nita went back again on 9th May 2003 along with her brother Sandeep to her matrimonial home.

(3.) It is alleged that on 18th May 2003 Nita was set on fire by pouring kerosene on her person by the appellant. According to PW 2 Jagannath parkhe, who happens to be the maternal uncle of deceased Nita, the appellant visited his house at about 10. 30 a. m. and informed him that nita had sustained burns in her house. PW 2 proceeded to the house of nita where it was informed to him that Nita was taken to Ghati Hospital aurangabad. PW 2 went to Ghati hospital and met Nita, who was already admitted in the hospital. It is alleged that Nita disclosed to PW 2 that her mother-in-law pushed her inside the bathroom, poured kerosene on her person from a can and set her oh fire with a match stick and closed the door of the bathroom. The mother-in-law, according to him, left the place thereafter.