STATE OF MAHARASHTRA Vs. JUBEDABAI SHABBIRSHAH

JUDGEMENT

(1.) THE respondent-State of Maharashtra has preferred this appeal against the order of acquittal passed by Additional Sessions Judge, Akola whereby he acquitted the respondents of the offences punishable under Sections 498-A, 304-B and 302 read with Section34 of the Indian Penal Code.

(2.) THE facts giving rise to this appeal are as under : - Deceased Nasimbano was married to accused no. 2 seven years ago. She was living with accused nos. 1 and 2. Accused no.1 is the mother in-law of the deceased. It is alleged that accused nos. 1 and 2 used to illtreat Nasimbano in order to pressurise her to bring money from her parents. As a result of this, Nasimbano once filed a complaint against accused persons under Section498-A of the Indian Penal Code. Later accused persons assured to treat said Nasimbano properly, as a result of which the complaint was withdrawn. It is alleged that even after this complaint was withdrawn, she was being ill-treated by the accused persons. On the day of the incident, while Nasimbano was at home, she was set on fire by the accused persons by pouring kerosene on her person. She was removed to hospital where she died. She had suffered 60% burns. It is alleged that before her death, her dying declaration was recorded by the Executive Magistrate and she also made a oral dying declaration wherein she implicated accused no.1. It was alleged by her in the said dying declaration that accused no.2 was merely watching the incident. After the statements of witnesses were recorded, charge-sheet was filed against the accused persons. THE case was committed to the court of Sessions.

(3.) THE prosecution, in order to bring home guilt to the accused, had examined eleven witnesses. None of the witnesses is an eye-witness. THE prosecution relies on the dying declaration said to have been made by the deceased.