STATE OF MAHARASHTRA Vs. VIMALBAI

JUDGEMENT

(1.) Heard Mr. U. K. Patil, A. P. P. for the appellant-State and Mr. C. V. Thombre, advocate for respondents.

(2.) This Criminal Appeal is against the judgment and order, passed by the additional Sessions Judge, Latur, in Sessions Case No. 31/89 dated 2-9-1989, whereunder the respondent No. 1 is acquitted of the offences punishable under sections 302 and 498a of Indian Penal Code whereas respondent Nos. 2 and 3 are acquitted of the offences punishable under sections 498a read with 34 of the indian Penal Code.

(3.) Victim Gomati @ Sunita was the daughter of one Sudhakar Girwalkar (P. W. 2) and Prabhavatibai (P. W. 3). She was married to respondent No. 2 on 14-3-1988. Respondent No. 1 Vimalbai is the mother-in-law of victim Gomati while respondent No. 3 is related to respondents No. 1 and 2. After marriage, Gomati lived with her husband Uttam and mother-in-law Vimalbai in her matrimonial home for about a week and thereafter she went to her parents house and during her stay there, she informed her parents that her mother-in-law and husband were demanding bed and cot. Her father, however, reached her to her matrimonial home where she lived for 8 to 10 days and again her father brought her to his house for some festival. During her stay with her parents, she disclosed that her mother-in-law and husband were harassing her for their demand of cot and bed. Her father Sudhakar reached her to her matrimonial home on 22-4-1988. On the next day, while her father Sudhakar and respondent No. 3 Narayan had been to the land of Narayan, respondent No. 1 Vimalbai told Sunita to take rest at noon time. So Sunita slept in the house and then respondent Vimalbai poured kerosene on the person of Sunita and set her on fire and thereafter ran away from there. Sunita came out of the house while burning in flames and that time, one yamunabai, residing in the neighbourhood of the accused persons, poured water on the person of Sunita to extinguish the fire. Jayashree, a daughter of one neighbour of the accused persons, reported Sudhakar, who was with accused narayan in his land, that Sunita had sustained burns. So Sudhakar reached to the house of accused persons and on reaching there, he learnt from Sunita that her mother-in-law Vimalbai had poured kerosene on her person and set her on fire, as a result of which, she suffered burn injuries. Sudhakar carried Sunita in a bullockcart to the Rural Hospital at Chakur where she was admitted. The Medical officer, Rural Hospital, Chakur, informed P. S. I. , Police Station Chakur about the admission of Sunita in the hospital by letter dated 23rd April, 1988 (Exhibit-23) and in response to that, one Maroti Kamble, Assistant Sub Inspector, attached to chakur Police Station, reached to the hospital, who inquired into the matter. He, on his arrival, recorded statement of Sunita (Exhibit-24) and registered Crime no. 56/88 for the offence under section 307 of Indian Penal Code on the basis of the said statement and entrusted further investigation in the matter to P. S. I. , police Station Chakur.