SURENDRA PRAHLAD CHIKTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Five accused/appellants were convicted by the Additional Sessions, Yavatmal, for having committed offences punishable under sections 302 and 498-A of Indian Penal Code. They were sentenced to undergo imprisonment for life for commission of offence under section 302 of indian Penal Code and R. I. for 3 years and to pay a fine of Rs. 200/- each for commission of offence under section 498-A of Indian Penal Code.

(2.) Deceased Megha was married to accused No. 1 on 22-9-1994. Instead of entering into marriage under religious rites, they entered into registered marriage. It is alleged that they were loving each other and as such their love culminated into marriage. After the marriage, Megha started living with accused persons. Accused No. 1 is the husband of deceased while accused No. 2 is the father-in-law, No. 3 is the mother-in-law and Nos. 4 and 5 are sisters-in-law. It is alleged that accused No. 1 lost his job and was in search of a job. He was, therefore, in need of sum of Rs. 40,000/ -. Accused No. 1 was insisting upon the deceased to bring R. s. 40,000/- from her parents. Some 8 to 10 days prior to the incident, accused [no. 1 got a letter written by deceased to her father making a demand of Rs. 40. 000/ -. On the day of the incident, the deceased had gone to Wani for the treatment of her child born just fortnight ago. She came home at about 5' O clock. When she came home, accused Nos. 2 to 4 quarrelled with deceased for non-fulfilment of demand of Rs. 40,000/ -. After about half an hour, the deceased went to change the clothes. At that time all the accused came inside. Accused Nos. 2 to 5 caught hold of the deceased and accused No. 1 poured kerosene on the person of the deceased and threw a lighted match stick at her. She tried to extinguish the fire. Due to fire, she was unable to see anything and, therefore, she started rolling on the ground. She was shouting at accused No. 1, whom she calls also as Ajya, as to why he did not demand money to her father if he was in need of the same when the meeting was held at the house of Rambhau Mankar. A day prior to the incident, she was threatened by accused No. 1 that he would desert her and seek divorce. The accused and one Gautara Sontakke brought the deceased to the hospital at umari where she was admitted.

(3.) It is alleged that the maternal uncle of the deceased who resides in the same village and who is neighbour of the accused had also come there and the deceased had told him that she was set on fire by the accused. Lateron her two dying declarations were recorded at the hospital. Before the Executive Magistrate recorded the statement, she was examined by the Medical Officer who certified her to be in a fit condition. One Head Constable also recorded her dying declaration. The Medical Officer had also sent an intimation to the Police Station about Megha having been admitted in hospital. The Police, upon the statement given by the deceased to the Executive Magistrate as well as to the Head constable Shridhar, registered the offence and investigation was started. Megha died of the injuries sustained by her on 28-5-1995. The Medical Officer opined that Megha died of shock due to burns. Upon death of Megha, the offence was converted into one under section 302 of Indian Penal Code. The Police had drawn panchanama of the spot and had recorded the statement of the witnesses. They filed charge-sheet against the accused/appellants.