VIJAYSING GULABSING DEVRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the offences punishable under Sections 498A and 302 of the Indian Penal Code ("IPC", for short), recorded by the learned 1st Adhoc Additional Sessions Judge, Jalgaon, in Sessions Case No.172 of 2004 on 22.03.2006.

(2.) The deceased Ashabai and the appellant got married prior to about six years of the incident, which took place on 17.06.2004. The deceased - Ashabai has begotten two daughters from this wedlock. The original accused No.2 is the brother, accused No.3 is the brotherinlaw (husband of the sister), accused No.4 is the mother, while accused No.5 is the sister of the appellant (accused No.1).

(3.) It is the case of the prosecution that the appellant and original accused Nos.2 to 5 subjected the deceased - Ashabai to cruelty with a view to compel her to bring cash amount from her maternal home for purchasing agricultural land and motor vehicle. When the deceased - Ashabai was preparing food inside her matrimonial home on 17.06.2004 at about 10.00 a.m., quarrel took place between the appellant and the deceased - Ashabai. The appellant was asking her to bring Rs.6000/ from her maternal home for being paid to his landlord. He started hurling abuses against her and also threatening her. The deceased - Ashabai expressed inability to bring cash amount from her brother on the say that her father was no more and her brother was anyhow maintaining his family. The appellant then started beating her. He expressed that her being alive would of no use and therefore, he would kill her. He picked up kerosene can that was near the burning stove and poured kerosene therefrom on her person. He pushed her on burning stove. He, further ignited a match stick and set fire to her Saari, due to which her clothes started burning causing her burn injuries. The appellant then ran away from the house. The deceased - Ashabai also followed him and raised shouts. The neighbours came and extinguished fire. Thereafter, the appellant also sprinkled water on her person and took her to the Municipal Hospital from where she was referred to the private hospital of Dr. Devre.