MOTILAL SAKRU RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants, who are husband and mother-in-law of the deceased Sau. Kavita, impugn the judgment and order of conviction and sentence rendered by the learned II Addl. Sessions Judge, Aurangabad in sessions Case No. 122 of 1995. Both of them have been convicted for offence punishable under section 304-11 read with section 34 of the Indian Penal Code. Appellant No. 1 Motilal was sentenced to suffer rigorous imprisonment for five (5) years and to pay a fine of Rs. 500/-, I. D. , to suffer rigorous imprisonment for three (3) months; whereas, the appellant No. 2 Gyanubai was sentenced to suffer rigorous imprisonment for three (3) years and to pay a fine of Rs. 500/ -. I. D. , to suffer rigorous imprisonment for three (3) months.

(2.) THE appellants are inhabitants of a small hamlet known as Charu Tanda (Murti) in Soyegaon taluka. Somewhere in summer season of 1994 the appellant no. 1 Motilal was married to deceased Sau. Kavita. It was Gandharva marriage since the deceased Sau. Kavita was a divorcee. Her father - PW Lakhu is a poor labourer and is inhabitant of village Deulgaon Sabhare, Taluka Mehkar (District buldhana ). The marriage was short-lived. In the evening of 18th February, 1995 deceased Sau. Kavita received burn injuries in the matrimonial house. She was brought to Civil Hospital at Buldhana for treatment; of burn injuries. The Medical officer noticed various burn injuries on her person and hence, gave information to Police Station at Buldhana. The police gave a request letter to Special executive Magistrate for recording her dying declaration. Accordingly, Special executive Magistrate - PW Chandrashekhar visited the Civil Hospital at about 8. 15 p. m. and thereafter, recorded her dying declaration. Then, deceased Sau. Kavita narrated the incident. She stated before the Special Executive Magistrate that she had returned to the matrimonial home: in the same noon from her maternal house. She further narrated that in the evening her mother-in-law -appellant No. 2 Gyanubai returned home from the agricultural land and enquired as to why she had not come to the agricultural land. She further stated that after giving the explanation, appellant No. 2 Gyanubai abused her, kicked her and poured kerosene on her person. She further stated that appellant No. 1 Motilal also abused her, beat her by means of a stick and had thrown burning match stick on her person and hence, she was burnt. She further stated before the Special executive Magistrate that both the appellants extinguished fire when she raised hue and cry.

(3.) THOUGH necessary medical treatment was provided to injured Sau Kavita yet she succumbed to the burn injuries on 23rd February, 1995. Post-mortem examination was carried out by the duty Medicall Officer on the same day. The medical Officer found that deceased Sau. Kavita had received 68% burn injuries which had ultimately resulted in her death. Thereafter, the police recorded statements of witnesses, including that of parents of deceased Sau. Kavita and carried out certain further investigation. The investigation disclosed that deceased sau. Kavita was being ill-treated arid subjected to cruelty on the ground that she and her father were unable to fulfil (unlawful demands of the appellants. Both the appellants were charge-sheeted, after concluding the investigation, for offences punishable under sections 498-A and 302 read with section 34 of the Indian penal Code.