RAMESH JANARDHAN DOMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellarrt is the accused No. 1. He was convicted by Additional sessions Judge, Chandrapur for offences punishable under Sections 302 and 498-A of i. P. Code and was sentenced to imprisonment for life. The accused Nos. 2 and 3 were acquitted by the learned Sessions [judge. Appellant shall hereinafter be referred to as accused.

(2.) The facts giving rise to this appeal are as under -The incident in question took place on 23-12-2001. Kunda, the deceased, was married to appellant/accused No. 1 on 28-4-2001. She was studied up to matric while her husband is a non-matric. The father of deceased had paid rs. 6,000/- as a dowry and a gold ring and a wrist watch. After the marriage the deceased went to reside with the accused persons. Accused was living in a joint family, which consisted of his parents, elder brother and his wife. While they were living together, the deceased also used to go to the field. At the time of Pola festival the deceased and the acctoed were directed to live separately in the same house. They were living in a separate room in the same house. Appellant/accused was running a pan shop. He had, however, closed his pan shop since eight days prior to the incident and was going to the field. It is alleged that appellant/accused used to frequently quarrel with the deceased and the accused nos. 2 and 3 (acquitted) used to instigate him. It is further alleged that since eight days prior to the incident appellant/accused was beating the deceased. A day prior to the incident, the deceased had prepared vegetable in the night and, therefore, she did not prepare fresh vegetable. Next day morning she only cooked rice. She found that the vegetable, that was available, was enough for both and, therefore, she did not cook vegetable once again in the morning. For this reason appellant/accused beat her with chappal. When some people came to her rescue, the appellant/accused gave threats to them. However, her parents-in-law did not come to her rescue. Since the deceased had not cooked fresh vegetable, the appellant/ accused went to his mother's house and brought the available vegetable. The deceased, however, did not take the dinner and went to bed. Deceased woke-up early in the morning at 6 O'clock. Accused woke-up after 5 to 10 minutes. After she woke-up, she burnt the chula in order to heat the water. In fact, every day it was accused No. 1, who used to do this ritual but on that day instead of doing this accused went out of the house. While going, the appellant/accused picked up the kerosene lamp hanging on the wall, poured the kerosene out of it on the person of deceased and set her on fire. She caught fire and when she came out she shouted. The accused came there. He poured water on her person and extinguished the fire. The neighbours also came there. All of them brought the deceased to the hospital.

(3.) The parents of the deceased came to meet her. She told them that the appellant/ accused Ramesh had poured kerosene on her person and set her on fire. Similarly, the executive Magistrate also recorded the dying declaration of the deceased. Dying declaration was also recorded by Head constable Mr. Bhaisare and A. P. I. Mr. Maske. Offence was registered under Section 307 of I. P. Code. Due to the death of the deceased later it was converted to one under Sections 302, 498-A read with Section 34 of I. P. Code.