SOMNATH YESHWANT SHIRSAT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Savita, The Wife Of The Appellant Caught Fire On 20Th December 1994, and had an unnatural death on 25th December 1994 due to the burn injuries. On 21st December 1994, Sakhubai (PW 2), mother of Savita lodged a report with the police, alleging that the appellant and his parents had treated Savita with cruelty, and that Savita had committed suicide due to the cruel treatment given to her by the appellant and his parents. On the basis of this report which was treated as the First Information Report, investigation commenced. On completion of investigation, a police report under section 173 (2)(i) came to be filed against the appellant, and his parents - Kamlabai Shirsat and Yeshwant Shirsat, alleging commission of offences punishable under section 498A of the IPC, 304 of the IPC and 306 of the IPC read with section 34 of the IPC. Kamlabai was arraigned as the accused no.1, Yeshwant as accused no.2 and the present appellant as accused no.3. The learned Addl. Sessions Judge, Nashik after holding a trial, found Kamlabai and Yeshwant (original accused nos.1 and 2) not guilty, but found the appellant guilty of the offences punishable under section 498A of the IPC and 306 of the IPC. The appellant was acquitted of an offence punishable under section 304 B of the IPC. The learned Addl. Sessions Judge sentenced the appellant to suffer Rigorous Imprisonment for 2(two) years, and to pay a fine of Rs.500/ with respect to the offence punishable under section 498A of the IPC, and to suffer RI for 5(five) years, and to pay a fine of Rs.500/ with respect to the offence punishable under section 306 of the IPC. Being aggrieved by his conviction and the sentence imposed upon him, the appellant has approached this Court by filing the present Appeal.

(2.) I Have Heard Mr.Kayval P. Shah, The Learned Counsel for the appellant. I have heard Mr.Deepak Thakre, learned APP for the State.

(3.) I Have Gone Through The Entire Evidence - Oral And documentary - adduced during the trial.