BAPU AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal is filed by the Appellants original accused Nos. 1 to 4, challenging the Judgment and Order dated 21st July, 2012 passed by the Additional Sessions Judge-2, Beed in Sessions Case No. 146/2011, thereby convicting the appellant nos. 1 to 3 [ original accused nos. 1 to 3] for the offence punishable under Section 302 r/w.34 of IP Code and they are sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000/- [Rs.One Thousand only] each, in default to suffer R.I. for 3 months. Appellant Nos. 1 to 4 [original accused nos. 1 to 4] are further convicted for the offence punishable under Section 498-A r/w. 34 of IP Code and they are sentenced to suffer rigorous imprisonment for 2 Years and to pay fine of Rs.500/- each, in default to suffer R.I. for one month. The appellant nos. 1 to 3 [original accused nos. 1 to 3] are further convicted for the offence punishable under Section 341 r/w. 34 of IP Code and they are sentenced to suffer rigorous imprisonment for one month and to pay fine of Rs.500/- each, in default to suffer R.I. for one month, and the appellant nos. 1 to 3 [original accused nos. 1 to 3] are further convicted for the offence punishable under Section 452 r/w. 34 of IP Code and they are sentenced to suffer rigorous imprisonment for 2 Years and to pay fine of Rs.500/- each, in default to suffer R.I. for one month. All the substantive sentences are ordered to be run concurrently.

(2.) On 20.06.2011, one ill-fated young woman namely Manisha d/o. Santosh Waman, resident of Gahukhed, Taluka Ashti, District Beed [in short 'deceased'] was admitted in burn Ward in the Civil Hospital, Ahmednagar at about 12.40 p.m. Accordingly, the Medical Officer informed to the Police Chowki, Civil Hospital, Ahmednagar about the admission of the deceased. As the deceased had sustained 68% burn injuries, a letter was issued to the Special Judicial Magistrate, Ahmednagar [in short 'SJM'] for recording her dying declaration. After receipt of the letter, one Mr. Gorakshnath Dashrath Ghugarkar, SJM, proceeded to the Civil Hospital, met the Medical Officer on duty and asked her to examine the deceased / patient about her fitness to give statement. After examination, the Doctor put an endorsement on the paper on which Dying Declaration was to be recorded that, the patient was in a fit condition to give her statement. It was the time of 2.30 p.m. Thereafter, the SJM started to note down the statement of the deceased. The deceased, in her statement, divulged the incident, as under:

(3.) The deceased stated that, she is residing along with her mother-in-law, father-in-law, brother-in-law, and sister-in-law is residing separately. She has further stated that, today i.e. on Mondy at 10.00 a.m., she is burnt in the house. Her husband is a Driver by Profession. He used to come in the village once or twice in a week. Her marriage was solemnized before 1 and 1/2 years. Her parental home is at village Ghatpimpri. Her sister-in-law Rani, brother-inlaw Bapu Waman, and mother-in-law used to raise quarrel with her, since her marriage without any reason. Her sister-in-law Rani is the daughter of maternal uncle of accused and she was desiring that, her sister should be the wife of husband of the deceased. On that count, they frequently used to raise quarrel with her. The deceased has further stated that, her mother-in-law always used to tell her, she is not doing any work why she is cohabiting leave the house. Her sister in law always used to say her that, 'she wanted to bring her sister in this house and the deceased unnecessarily entered in the house'. Her sister in law used to tell false and also misinform her husband, and after believing same. Her husband used to harass and illtreat her. Her husband used to tell her, 'she should not live with him, he wants to marry with the sister of Rani, he likes her and she should leave the house". The deceased has further stated that, since her marriage, there was intimacy and closeness between her husband and her sister in law Rani and they also used to take meals together. They used to insult and humiliate her. In her presence and also behind her back, her husband and sister in law used to come close with different intention. In that way, her sister in law herself has created a vacuum between her and her husband.