NAMDEO DASHRATH SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant no. 3 is convicted for having committed an offence punishable under Section 302 of the Indian Penal code and is sentenced to, suffer imprisonment for life. She is further convicted for the offence punishable under section 498-A of the Penal code and is separately sentenced to suffer rigorous imprisonment for three years. Appellant nos. 1 and 2 are also convicted for the offence punishable under section 498-A of the Penal Code. They are sentenced to suffer r. I. for two years. All the sentences carry default stipulation.

(2.) Brief facts giving rise to this appeal, are that Balaji (P. W. 4) is native of degaon. His daughter Sangita (since deceased) married Vyankati (appellant no. 2) in the year 2000. At the time of marriage, payment of rs. 25,000/- by way of dowry along with some other articles, was to be made. Out of this, rs. 20,000/- were paid and Rs. 5,000/- were to be paid subsequently. As this amount was not paid, husband of the deceased, her father-in-law namdeo (Appellant No. l) : and mother-in-law majalsabai (Appellant no. 3) started ill-treating the deceased. Sometime after the sankrant of the year 2003, P. W. 4 along with vishwambhar Sakharam Wade (P. W. 3) and some other villagers went to the house of the appellants for sorting out the grievances of the deceased. In view of the promise for the payment of balance amount, the appellants agreed to give proper treatment to the deceased. On 15. 2. 2003, appellant nos. 1 and 2 had been to the field. After completing the household work, deceased went to the first floor for taking rest. While she was sleeping, appellant no. 3 set her saree on fire by using lighted match stick. After her saree caught fire, the deceased started shouting for help. In response, her cousin mother-in-law Sheshabai (D. W. 3) doused the fire. The deceased was then taken to Primary health Centre at Barbade and from there to Guru govind Singh Hospital, at Nanded.

(3.) After admission of the deceased with 32% burns, medical officer on duty relayed the information to Vazirabad Police Station. In response, A. S. I. Kisan Bokhare (P. W. 6) went to the hospital and recorded first dying declaration (Ex. 32) of the deceased at 5. 00 p. m. in presence of Dr. Narvade (P. W. 7) who certified that patient was conscious and well oriented during recording of the dying declaration. As a matter of routine, P. W. 6 sent request letter to the Special Judicial Magistrate shri. Sambhaji Dhavale (P. W. 5). In pursuance of this request, the Special Judicial Magistrate recorded dying declaration of the deceased (Ex. 29) in question and answer form in presence of Dr. Dode (P. W. 8). The dying declarations were then forwarded to Kuntur Police Station. On the basis of first dying declaration, an offence under sections 307, 498-A r/w 34 of the Penal Code, came to be registered against the appellants on 18. 2. 2003. After registration of the offence, A. P. I. Dhole (P. W. 9) took over the investigation and visited the spot. He prepared Panchanama of the scene of occurrence (Ex. 18) and recorded the statements of witnesses. The deceased succumbed to the injuries on 14. 3. 2003. After her death, Inquest was held and the post-mortem was performed by Dr. Dange (P. W. 2). The autopsy surgeon prepared post-mortem report (Ex. 22) certifying that the death is caused on account of shock due to 32% burns. In view of the death of deceased, Investigating Officer changed the penal section from 307 to 302 of the Penal Code. On completion of investigation, he submitted a charge-sheet against the appellants to the Court.