STATE OF MAHARASHTRA Vs. SAU. KAMALABAI RAMDAS BHATKHADE

JUDGEMENT

(1.) By the present appeal, the appellant - State has challenged the judgment of acquittal dated 7-11-2003 of respondents/accused, passed by Additional Sessions Judge, Akola in Sessions Trial No. 136/2001.

(2.) It is the case of prosecution/appellant that deceased Anita was married with respondent/accused no. 2 Vijay on 29-1-2001. Respondent/accused nos. 1 and 3 are mother-in-law and father-in-law of deceased Anita. After the marriage, respondents/accused started ill-treatment to the deceased. Her mother-in-law and father-in-law directed her to bring Rs. 25,000.00 from her parents. On that count, they were ill-treating the deceased. There was meeting and in that meeting, respondents/accused agreed not to give any ill-treatment, therefore, she was sent to the matrimonial home on 30-3-2001. On the day of incident, there was some religious program at the house of her father/P.W. 1, he gave invitation to the accused. Accused not allowed her to go to her parents house and threatened her to beat and, therefore, she herself poured kerosene and set her on fire. On the report of P.W. 1 vide Exhibit-21, crime was registered against the accused by Police Station, Barshitakli, District Akola for the offences punishable under Sections 498A and 306 of the Indian Penal Code.

(3.) Deceased was admitted in the Government Hospital at Akola. P.W. 5 Noor Ahamadkha Kalandarkha, Executive Magistrate went to the Government Hospital and recorded dying declaration, Exhibit-47 in which she has stated that due to continuous harassment of her mother-in-law, she has committed suicide.