SHALIK AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the judgment and order dated 1st of January, 2013 passed by learned Sessions Judge, Washim in Sessions Case No. 71 of 2011, thereby appellant/accused No. 1 Shalik Yadao Pawar and appellant/accused No. 2 Yadao Kaman Pawar came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and are sentenced to suffer life imprisonment and to pay fine of Rs. 3000/ -each and in default of payment of fine, to suffer rigorous imprisonment for three months. Both the accused are acquitted of the offence punishable under Section 498 -A of the Indian Penal Code.

(2.) BRIEFLY , it is the case of prosecution that deceased Dubarabai was initially married to one Govinda Chavan. About four years prior to the incident, which occurred on 26th of March, 2011, she was at village Sawargaon Barde where her maternal house is also situated, and was residing with accused No. 1 Shalik as his wife. On the day of incident at 6.00 p.m., absconding accused Madinabai (her sister -in -law) visited house of deceased Dubarabai as guest when, accused No. 1 Shalik accused No. 2 Yadeo and absconding accused Pacharibai (her mother -in -law) consumed liquor in the liquor shop. However, while returning home only accused No. 1 Shalik and Pacharibai came back to the house leaving accused No. 2 Yadao Pawar in the Wine Shop and therefore, deceased Dubarabai went to bring him back, and brought him to house holding his hand. On seeing them, Pacharibai and accused No. 1 Shalik got annoyed saying to the deceased as to whom she prefers; whether to her husband -accused No. 1 Shalik or her father -in -law - accused No. 2. On this count, her mother -in -law Pacharibai gave two stick blows to her while accused No. 1 Shalik closed the door of the room. Her sister -in -law Madinabai (absconding accused) caught her and appellants/accused Nos. 1 and 2 poured kerosene on her person and set her on fire with the help of match stick. Dubarabai came out of the house in flames raising shouts on which her parents arrived and extinguished her fire and took her to Civil Hospital, Washim in an auto rickshaw. It is the case of prosecution that accused persons provided ill treatment and harassment to Dubarabai on the count that she could not produce a child from accused No. 1 Shalik.

(3.) ACCUSED No. 1 Shalik Pawar came to be arrested on 27th of March, 2011, and accused No. 2 Yadav Pawar came to be arrested on 31st of March, 2011 under arrest panchanama vide Exhs. 35 and 36, respectively. The offence was converted to Section 302 of the Indian Penal Code. Seized muddemal was forwarded to Chemical Analyzer for analysis under requisition vide Exh. 37. From the statements of witnesses, since there was ample evidence, charge sheet came to be filed against both the appellants showing accused Madinabai and accused Pacharibai absconding, in the court of learned Judicial Magistrate (F.C.), Washim. In the course of time, case came to be committed for its trial to the learned Sessions Judge, Washim.