STATE OF MAHARASHTRA Vs. RAMKISHAN BAPURAO GUNJALKAR

JUDGEMENT

(1.) Appellant State of Maharashtra is challenging the judgment dated 17-7-1993 of acquittal of the respondents for the offences punishable under sections 304-B, 498-A read with section 34 of the indian Penal Code and of respondent No. 1 for the offence under section 302 of the Indian Penal Code, recorded by the Additional Sessions Judge, Buldhana in sessions Case No. 73/1990.

(2.) Respondents were prosecuted for the aforesaid offences on the allegations that deceased Leelabai was the wife of respondent No. 1 Ramkisan. Respondent No. 2 and 3 are her in-law i. e. parents of Ramkisan. Respondent No. 4 Gangubai is sister-in-law of deceased Leelabai. They were living at the relevant time at village Shivani Armal (P. S. Andhera). It is alleged that respondents used to ill-treat the deceased Leelabai by making demands of dowry, radio, wrist watch and bicycle etc. It is alleged that respondent No. 1 Ramkisan used to say that he would not allow her to reside with him if the demands are not met. She had informed about this to her father; P. W. 7 Sakharam Jadhao. It is alleged that all the respondents used to ill-treat and harass her on this count. She had also informed that her husband was telling that he did not like her, it is alleged that her father P. W. 7 Sakharam could not provide all these articles and money, so the ill-treatment and harassment of the deceased Leelabai continued. It is alleged that on 29-11-1989, when he was at home at Malkapur one person came and told that his daughter Leelabai had received burn injuries and she was admitted in government Hospital, Buldhana. Accordingly, he, his wife Sakhu, his sister Paru started for Buldhana. They went to S. T. Stand Malkapur. One Bansi Masa jadhao P. W. 3 (his cousin) met them at S. T. Stand, so on hearing about the incident, he also joined the parents of deceased for going to Buldhana. They came to Government Hospital, Buldhana. It is alleged that this P. W. 7 Sakharam asked (deceased) Leelabai as to how she had suffered burn injuries. She told that accused No. 1 (respondent No. 1) had asked her to take groundnuts in the house and when she was taking the same, her husband poured kerosene on her person; set her on fire and ran away. It is alleged that she also told that after receiving burn injuries, respondents asked her not to tell the truth and asked her to say that she had caught fire due to fall of kerosene lamp. Thereafter, P. W. 3 Bansi lodged report to Police Station Andhera. It may be stated that just before deceased leelabai was taken to the hospital, from the house, her fire was extinguished by one Arun Ghevande (P. W. 6) who was residing in the vicinity of the house of the respondents. It is alleged that when she was admitted in the hospital, one Dying declaration (Ex. 27) was recorded by Naib Tahsildar Bhalerao (P. W. 4). It was to the effect that she had caught fire by way of an accident because of chimney, when she was in the house. This dying declaration was recorded at about 10. 50 p. m. on 28-11-1989. The disclosure of the incident by way of accident was of the time of about evening on 28-11-1989. She had also told specifically that she was not subjected to any harassment in her house and she had caught fire by chimney. Besides this she had also told that when she caught fire, she tried to get out of the house, somebody put quilt on her person and extinguished fire. Later on after the report of P. W. 3 Bansi (Ex. 33) to make enquiry into the matter, the matter was enquired. No offence seems to have been registered at that time as only enquiry into the incident was requested. During the enquiry and investigation, P. W. 4 executive Magistrate Bhalerao again recorded her dying declaration on 1-12-1989, which is at Ex. 35, which implicates respondents in terms of the prosecution case. Thereafter, this dying declaration was treated as F. I. R. and offence under section 307, 498-A, 201, 504, 506 read with section 34 of the indian Penal Code was registered bearing Crime No. 150/1989. The offence was registered by P. W. 9, Head Constable Jagdeo Salve. He prepared spot panchnama Ex. 23, seized said quilt as per Ex. 30. Said dying declaration was incorporated in the said report lodged by this P. H. C.

(3.) Thereafter, during the investigation against statement of the deceased leela was recorded by H. C. Salve which is at Ex. 53. Deceased Leelabai expired on 6-12-1989, as such the registered offence was changed to one under section 302 of the Indian Penal Code. It may be mentioned that P. W. 5 Dr. Khasbage had issued injury certificate of deceased Leelabai when she was admitted in General Hospital, Buldhana as per Ex. 37, and at the time of dying declaration the certificate of fitness was issued by P. W. 2 Dr. Vyawahare. In the investigation the seized articles were sent to C. A. and C. A. 's reports were received; Ex. 41 and 42. Autopsy on the dead body of the deceased was performed. The said autopsy report is at Ex. 25. It may be stated that the witnesses to the spot and seizure of chimney are P. W. 1 Tukaram Bhutekar and p. W. 8 Laxman Bhimaji Armal. After due investigation, the charge-sheet was submitted for the aforesaid offences. On committal of the case, learned additional Sessions Judge, Buldhana framed charge for the aforesaid offences, respectively against respondent No. 1 and respondent No. 2 to 4. They pleaded not guilty to the same. Their defence is that of total denial. They have however, pleaded that deceased Leelabai had suffered an accidental fire and therefore, she died.