SAHEBRAO SUKLAL PATIL Vs. HIMMAT PUNDLIK SURYAV ANSHI

JUDGEMENT

(1.) Petitioner is father of deceased Aashabai. Aashabai married Ashok Yeshwant Baviskar in the year 1985. Two daughters, namely Pratibha, aged 8 years and Neelima aged 6 years and son namely Nikhil aged 3 years were born within the wedlock. Husband of Aashabai was serving in ordnance Factory at Varangaon and was living in a quarter allotted to him with his wife and children.

(2.) On 26th January, 1996; Ashok (husband of the deceased) attended Flag hoisting Ceremony and returned to the house at about 12. 00 noon. At that time, his sister Yashoda had come to their house. There was an exchange of words between deceased Aashabai and her husband Ashok. The deceased accused her husband that he tortures at the instigation of his sister Yashoda. This led to a quarrel, during which Ashok slapped the deceased, as a result, deceased got annoyed, poured kerosene over her and set herself on fire. She was first admitted to a Municipal hospital at Bhusawal, where her statement was recorded by the Head Constable. On the basis of this statement, offence came to be registered under section 498-A of the Indian Penal Code against husband Ashok and sister-in-law Yashoda.

(3.) The petitioner, however, made a grievance that the investigation was not properly done. At Bhusawal, his daughter made a statement regarding her ill-treatment at the hands of her brother-in-law Tukaram, Dyaneshwar, mother-in-law rasabai and sister-in-law Pratibha, wife of Tukaram, but this statement was not recorded. Thus, he made a complaint to the high-ranking police officers. Finally, the petitioner filed a private case being R. C. C. No. 27/1996. In that case, in the beginning, report of the police officer was called, under section 156 (3) of the Criminal Procedure Code. This report made a reference to the oral dying declaration, on the basis of which, offence is registered against her husband and sister-in-law Yashoda. As this was a complaint in respect of the offence which was exclusively triable by the Court of Sessions, learned Magistrate recorded the statements of seven witnesses produced by the complainant, including Vitthal onkar Patil, who recorded 2nd dying declaration in the Civil Hospital at Jalgaon.