PANCHAFULA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants who inter se are mother and son and mother-in-law and husband respectively of deceased Shobha Prakash khadse, have preferred this appeal to challenge their conviction and sentence imposed by Additional Sessions Judge, Yavatmal, in Sessions Case No. 144/89, for the offences punishable under section 498-A and 302 read with section 34 of the Indian Penal Code, wherein they were sentenced to suffer S. I. for one year and to pay fine of Rs. 500/-, in default to suffer S. I. for 3 months for the offence punishable under section 498-A read with section 34 of the Indian Penal Code and imprisonment for life and fine of Rs. 1000/-, in default R. I. for 4 months for the offence punishable under section 302 read with section 34 of the Indian Penal code. It needs to be mentioned that they were not convicted for the offence punishable under section 304-B read with section 34 of the Indian Penal Code.

(2.) Briefly stated prosecution case runs as under; deceased Shobha, who was daughter of P,w. 1 Punaji Bhoyar, r/o. Pangadi and sister of P. W. 2 Devrao Bhoyar, r/o. Pangadi, was married to appellant No. 2 Prakash. Appellant No. 1 Panchafula is her mother-in-law. After marriage, she started residing in her matrimonial house at Dabha with'the appellants. It is alleged that the appellants started harassing and ill-treating her for a demand of radio, which was agreed to be gifted to appellant No. 2 by P. W. 1 punaji Bhoyar at the time of marriage. It is alleged that on one occasion prior to her death, P. W. 1 Punaji had gone to Dabha and as there was demand of radio and he had agreed to gift the same to him. To settle the matter, he had visited dabha. He had been to the house of P. W. 3 Sou. Kusum Dahake, who is cousin sister of deceased Shobha. At that time, through the intervention of P. W. 6 pochiram Dahake, it was agreed upon that the radio would be given to appellant no. 2 later. It is also alleged that deceased Shobha was to be taken back by P. W. 1 Punaji if the demand is not fulfilled and, he had assured to take her back to parental home through her brother. It is alleged that P. W. 4 Nathuji Dahake had also learnt about the visit of P. W. 1 Punaji who had stayed in the house of P. W. 6 pochiram when he had come to Dabha.

(3.) On the fateful day i. e. on 8-2-1989, it is alleged, at about 6-6. 30 a. m. , there was altercation between the appellants and deceased Shobha and the appellants poured kerosene on her person and set her on fire. She raised hue and cry. People including P. W. 4 Nathuji and P. W. 6 Pochiram gathered there. P. W. 3 Kusum also came there. It is alleged that the said Shobha had shouted saying "mala JALALE". (Terr no5and) When P. W. 3 Kusum came there, she saw deceased Shobha sitting on the wooden cot. Thereafter she was taken to Rural hospital, Pandharkawda. There, her dying declaration was recorded in which she stated that she had caught accidental fire and sustained burn injuries when she was lighting the hearth for preparation of tea. It is alleged by the prosecution that in the hospital she had disclosed to P. W. 5 Prabha Mandekar, who was working as Health Assistant at P. H. C. that her mother-in-law (appellant No. 1) had set her on fire. Thereafter for further treatment she was shifted to P. H. C. Pandharkawda and later to Government Hospital, Yavatmal. She, however, succumbed to burn injuries on 9-2-1989. Inquest Panchanama was prepared, so also autopsy was conducted on her dead body. She was found to have suffered death due to extensive burns as recorded in P. M. notes (Exh. 52). The cause of death is stated to be 'extensive burns'. Thereafter, it is alleged, on inquiry P. W. 1 Punaji came to know that deceased was being ill-treated by the appellants on the ground that their demand for radio was not complied. He also came to know that prior to the incident also, she was ill-treated. Therefore, he lodged report to Police Station patan (Exh. 69). In that report, he complained that the non-applicants therein i. e. present appellants had ill-treated deceased Shobha for demand of dowry and as the same was not met, they set her on fire and she had disclosed this fact before her death to his niece P. W.- 3 Kusum. Crime No. 9/89 for the offences punishable under sections 498-A, 304-B, 302 read with 34 of the Indian Penal Code was registered. Investigation was conducted by P. W. 7 Senior Intelligence Officer, tiwari. As already stated above, prior to this report, inquest panchanama (Exh. 67) was prepared and autopsy was conducted. During investigation, spot panchanama was prepared, so also some articles were seized from the spot. Statements of P. Ws were recorded and after due investigation, charge-sheet was submitted against the appellants for the aforesaid offences.