DIPAK Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal appeal takes exception to the judgment dated 16/4/2004 passed by the learned 2nd Ad hoc Additional Sessions Judge, Achalpur in Sessions Trial No. 69/2001 whereby appellant/accused came to be convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1000/ -, in default, to suffer rigorous imprisonment for three months and is acquitted of the offences punishable under Sections 498 -A and 201 of Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

(2.) BRIEFLY , it is the case of prosecution that deceased Sangita was married to accused in the year 1997 and was treated happily for the period of about one year. However, thereafter she was subjected to harassment and beating at the hands of accused on account of demand of Rs.50,000/ - to be brought from her parents and for seeking job for him. Whenever deceased used to come to her parental home, she used to tell about such harassment to her parents, brother -in -law, sister -in -law and neighbours, namely, Mainabai Laxman Waware, Annapurnabai Ganesh Ekare, Shantabai Bhande and Ku. Jaishree Bute (none examined). On 20/4/2001, Sangita came to her matrimonial home at Kawsa to attend the marriage ceremony of her sister Vaishali and during her stay, she reiterated about harassment caused to her and after marriage ceremony was over, refused to go back to the house of accused when her father -in -law came to fetch her after 15 days of the marriage. On 8/6/2001, when accused came to bring Sangita back to her matrimonial home, she accompanied him since accused had promised not to harass her on any count. Accordingly, she came back along with accused and her younger brother P.W.7 Sachin accompanied them.

(3.) IT is the case of prosecution that on admission of Sangita in General Hospital, Amravati, her dying declaration was recorded by Special Judicial Magistrate at 12.05 a.m. in the mid -night on 13/6/2001 wherein she has stated that she sustained burn injuries accidentally due to fall of kerosene lamp on her person. The dying declaration is not disputed by defence and as such, it is marked as Exh. 13.