SHRIPAT ANANT SHETE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) LEELA was the wife of the petitioner, their marriage having taken place 5 years back. On the basis of the dying declaration which is treated as F.I.R. in this case, petitioner came to be arrested in Vartak Nagar Police Station CR No.125 of 1996 for the offences under sections 306 and 498-A of the I.P.C.. The said dying declaration/FIR makes out a case that the petitioner illtreaded the wife for the last 3 years, on the ground that she could not conceive and give birth to a child. On 9-5-1996, at 8.30 P.M., Leela took her meals after waiting for the petitioner. The petitioner was not (attending) work for last 8 days and he used to return to the house under inflence of liquor. On that day he returned at 11.45 p.m. in the night and then started altercation as to why Leela took the dinner before him. When Leela told her that she was hungry petitioner quarreled with her. Leela then threatened at if petitioner continues to harass her, she would burn herself, upon which petitioner told her not to frightened him in this way. Thereupon, at upon 1.30 p.m. she poured kerosene on her person and set here on fire. The petitioner poured water on her person. The neighbours were attracted due to commotion, but finding this, as usual quarrel, they returned. Then the petitioner took her to the Civil Hospital where she died. On the facts aforestated, offence came to be registered at Vartak Nagar Police Station. Petitioner applied for grant of bail to the Sessions Court. Thane, but that application came to be rejected on 24-10-1996.

(2.) I have heard Shri Marwadi for the petitioner and Shri Tulpule, PP for the Respondent-State. Though there were allegations to the effect that in the past the petitioner used to ill-teat her on the ground that does not conceive and give birth to a child, yet, immediate cause for the incident was that the wife took meals before the petitioner's arrival and there was some altercation. Subsequent conduct of the petitioner in pouring water on the person of the wife and admitting her in the Hospital go to us show against what is stated. Petitioner threatened her not to frightened him and thereafter in heat of anger, she poured kerosene and set herself of fire. In view of this position, I find this to be a fit case for grant of bail.