MANGALABAI YASHANNA SHEKAPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 24th February 2003 passed by the III Addl.Sessions Judge, Solapur in Sessions trial No. 58 of 2002, the appellants named above have preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) The advocate for the appellant is not present. The case is of the year 2002 and the accused is in jail for last four years. Taking into consideration the fact that the accused is in jail for last four years, we deem it just and proper to decide the appeal on merit. The learned Addl. P.P. took us to the entire record and we have reappreciated the evidence both oral and documentary. The prosecution case as disclosed by this reappreciation stated briefly is as under:

(3.) Accused Mangala is the first wife of Yashanna. She had three daughters and there was no male issue in the family of Yashanna. Therefore, the accused Mangala contacted P.w.1 father of the victim and sought his daughter Sulochana/Lochanabai as second wife for her husband Yashanna. The proposal was extended and Sulochana has married to Yashanna. According to the prosecution, on 17-1-2002 deceased Sulocahana, accused Mangala and daughter of accused by name Asha were in the house. Accused had given the deceased some groundnuts for grinding. While so doing the victim kept aside some groundnuts for her to consume as she was fasting that day. When accused saw this, she got annoyed and abused the victim, pouring kerosene on her and put her ablaze. The victim sustained injuries and was admitted to civil hospital, Solapur. The accused, according to the prosecution, has threatened her not to disclose the factual situation to anyone. The matter was reported to the police and statements in the shape of dying declarations of the victim were recorded. The accused persons were arrested, investigation was completed and the accused was prosecuted for murdering the victim. The prosecution examined in all seven witnesses to prove its case. The learned trial Judge on appreciation of evidence came to the conclusion of guilt and convicted the accused as aforesaid. It is this order of conviction which is assailed in this appeal by the accused.