PRAYAGBAI BHOJRAM KEDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants are convicted by learned Additional Sessions Judge. Ahmednagar, for offences punishable under section 302 and 498-A r/w section 34 of the indian Penal Code (in short "ipc"). For the first offence, the appellants are sentenced to suffer imprisonment for life and fine of Rs. 2,000/- i. d. to suffer R. I. for six months. For the second offence, they are sentenced to suffer imprisonment for one year and to pay a fine of rs. 1,000/-i. d. to suffer R. I. for three months.

(2.) Facts of the present case lie in narrow compass. Seema (since deceased) married Parmeshwar (appellant No. 3) on 28th may, 2002 at Hasnapur. After her marriage, she started living at her matrimonial house with her husband, father-in-law Bhojiram Narayan Kedar (appellant no. 2) and mother-in-law Prayagbai (appellant No. 1) , at Mangrul, Taluka Shevgaon, dist. Ahmednagar. Her brother-in-law Laxman was living separately with his wife and children. Since the marriage, the deceased was subjected to torture. Appellant No. 1 used to scold her for not cooking the food properly. Her husband and father-in-law used to scold her for not properly working in the field. On 9th February, 2004, the deceased took rest as she had pain in her chest. At about 8. 00 p. m. on that day, appellant No. 1 quarrelled with the deceased for avoiding work on false pretext. On the next morning, the deceased woke up at 4 o'clock in the morning. As usual, she cleaned the premises, filled water pots, cooked food and was busy with household chores when appellant no. 1 again picked up quarrel with her. On hearing the noise of the quarrel, neighbour Indubai (P. W. 3) , Tukaram - (brother of appellant no. 2) , his wife and their relative Sheshrao Dhakne came to the house of appellants and tried to stop the quarrel. During the quarrel appellant no. 1 threatened to set the deceased on fire. The deceased was fed up with the behaviour of appellant no. 1. Thus, she told appellant no. 1 to do what she pleases. On hearing this reply, appellant no. 1 got enraged. She took the can lying on the ground, poured kerosene on the person of deceased and set her on fire. The deceased ran to the hut. Instead of extinguishing the fire, appellant no. 1 closed the door. Appellant Nos. 2 and 3 who were standing nearby, ran away from the place. After the deceased came out from the hut, P. W. 3 and sheshrao extinguished the fire. The deceased was then taken to Nitya Seva Hospital by her brother-in-law Laxman and villagers. From there the deceased was taken to the Primary health Centre. While first aid was being given to the deceased, Appellant no. 3 came there and shifted her to Civil Hospital, Ahmednagar. On receiving intimation regarding the admission of the deceased to the hospital. Police Inspector of Tofkhana Police Station, Ahmednagar, sent letter (Exh. 32) to Naib Tahsildar - Bansilal shahane (P. W. 2) , requesting him to record statement of the deceased. P. W. 2 approached officer on duty. Dr. Kamble (P. W. 5) examined the patient and certified that the patient is conscious, oriented and is fit to make a statement. P. W. 2, then, recorded statement of deceased (Exh. 33) between 5 and 5. 20 p. m. Medical Officer, again, made an endorsement at the bottom of the statement regarding fitness of the patient. The dying declaration was then sent to Shevgaon Police Station. On receipt of the dying declaration, offence punishable under section 307 read with section 34 of the IPC came to be registered against the appellants on 11th February, 2004 at 1. 00 p. m. After registration of the offence, PSI Suryabhan jadhav (P. W. 7) directed Head Constable Kisan bhujbal (P. W. 8) to record statement of the victim. The Investigating Officer, then, visited the scene of occurrence and attached can of kerosene match box and yellow coloured half burnt saree under Panchnama (Exh. 46) in presence of Panch. Bhausaheb Vighne (P. W. 6). He then recorded statement of witnesses. Father of the deceased Ramrao Vighne (P. W. 1) was harvesting sugarcane with his wife Shobha (P. W. 4) and other labourers for the sugar factory at village Chilim. On receipt of the information that his daughter has suffered burns and is admitted to the hospital. P. W. 1 and his wife first returned to their house at Hasnapur at about midnight. On the next morning, they reached Civil Hospital, Ahmednagar at about 11. 30 a. m. At the Hospital, the deceased narrated the incident to them. As per directions given by the Investigating Officer, P. W. 8 visited civil Hospital, Ahmednagar and recorded statement of the deceased (Exh. 53) at about 8. 55 p. m. after verifying from the Medical officer on duty that the victim is physically and mentally fit to make a statement. He then arrested appellant nos. 2 and 3 and brought them to the Police Station. The deceased expired on 13th at 5. 45 p. m. while she was under treatment. Head Constable Lagad of Kotwali police Station, Ahmednagar held inquest on the dead body and prepared Panchnama (Exh. 28). Dr. (Smt. ) Todmal performed post-mortem and prepared report (Exh. 29) certifying that the deceased died due to 74% burns. After death of deceased, penal section was changed to section 302 of the IPC. On completion of the investigation, the appellants came to be charge-sheeted.

(3.) The appellants set up a defence that on the day of occurrence, P. W. 3 came to their house at about 8. 30 a. m. While she was speaking to the deceased, who was preparing tea, the stove suddenly flared up. Clothes of the deceased caught fire, P. W. 3 doused the fire. By that time, the villagers came there and took the deceased to Nity Seva Hospital. Appellant no. 3 had left the house at 6. 30 a. m. for working at Prabhu-Vadgaon, he received information from Mukadam that his wife met with an accident and is taken to Nitya Seva Hospital by the villagers. He, therefore, went to the Hospital. Parents of the deceased also came there and decided to shift her to Rural Hospital at shevgaon. On the advice of the Medical Officer, the deceased was then shifted to Civil Hospital at Ahmednagar. Appellant No. 2 had left the house in the morning with his grandson for taking medical treatment from Dr. Satpute of asegaon. On receiving the information regarding the incident, he also came to the hospital at Ahmednagar. At the Hospital, parents and uncle of the deceased told them that if rs. 50,000/- are paid, they would not initiate criminal prosecution. However, as they were not in a position to make the payment, parents of the deceased got spurious statement of the deceased recorded with the help of Police officers and falsely implicated them. The appellants did not examine witnesses in their defence.