THE STATE OF MAHARASHTRA Vs. RAGHUNATH RAMCHANDRA SABLE

JUDGEMENT

(1.) This Criminal Appeal is filed by the Appellant State, challenging the Judgment and Order dated 28.12.1995 passed by the 5th Additional Sessions Judge, Ahmednagar in Sessions Case No.09/1995, thereby acquitting the accused for the offence punishable under Section 302 and 504 of I.P. Code.

(2.) The deceased Archana was daughter of complainant namely Sahebrao Ramchandra Ghode. Prior to five months of her death, she was married with accused and went to reside at the house of the accused. The accused has three brothers; and they all are residing separately. The accused was continuously disclosing his intention that, Archana was not suitable for him, and hence, he wanted to marry second time. Therefore, Archana, on this count, was subjected to ill-treatment, harassment and beating from the accused. The incident occurred prior to one year on 10.11.1994. On the day of incident, the accused had asked Archana to go at her parent's house because she was not suitable for him, and accused was intending to get marry second time. However, Archana denied to go to her parent's house, therefore, accused got annoyed and poured kerosene on the person of Archana and set her on fire. After setting her on fire, the accused went outside the house. Archana started running out of her house, hence, roof of the house also caught fired. The brother of the accused and accused himself, instead of extinguishing fire on the person of Archana, started extinguishing the fire of roof. The cousin of the accused has made an attempt to extinguish the fire on the person of Archana with the help of blanket. Archana had sustained burn injuries, therefore, she was taken to Pravara Rural Hospital, Loni, where she died on 14.11.1994. When Archana was admitted in the Hospital, the Special Executive Magistrate Mr. Vikhe has recorded dying declaration of Archana on 11.11.1994. On the basis of dying declaration of Archana, Loni Police Station has registered Crime No. 0/1994 for the offence punishable under Section 307, 504 of I.P. Code, because offence was taken place within the jurisdiction of Sangamner Taluka Police Station. The Loni Police Station had sent papers to the Sangamner Taluka Police Station for further investigation. The P.H.C. Mr. Munde of Sangamner Taluka Police Station, on 11.11.1994, registered crime on the basis of the statement of Archana. API Mr. Bhoite started investigation. Initially, the offence was registered under Section 307 of I.P. Code, however, after death of Archana, same came to be converted under Section 302 of I.P. Code. API Mr. Bhoite, after completing investigation, submitted charge sheet against the accused under Section 302 and 504 of I.P. Code on 17.12.1994.

(3.) After full-fledged trial, the Trial Court acquitted the respondent. Hence this Appeal.