SHRIRANG NARAYAN DATAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.J.N.Pawar for the accused appellant and the learned APP Mrs.Pawar for the State. In this appeal, the accused has challenged his conviction U/s.498 A and 306 I.P.C. The matrimonial life of this accused with his wife Sunita was of three years, i.e. from their marriage in 1985 till Sunita's death on 30th July, 1988. They had a child from their wed-lock and at the relevant time, Sunita was residing with the accused. She died as a result of burn injuries which were 60% spread over the body and the death occured after 12 days.

(2.) TWO dying declarations of Sunita were recorded in this case. First was recorded immediately by the S.E.M. on 18/7/88 Exh.14 and the second was recorded on 29/7/88 Exh.20 In exhibit 14, Sunita did not blame her husband as being responsible for causing the burns, nor did she state anything regarding her attempt to commit suicide. She stated that she caught fire accidentally while she was preparing tea. In the second dying declaration, exhibit 20, she has however, put the entire blame on her husband.

(3.) THE prosecution has relied upon letters written by Sunita. They are at Exh.11 to 13. Mr.Pawar however, challenged the admissibility and authenticity of the letters on the ground that there were material contradictions regarding the original custody of the letters regarding their production in court, regarding their seizure, and consequently there were contradictions in the evidence of witness Shivaji, the panch witness, and the police officers. He, therefore, urged that these letters could not have been relied upon by the prosecution.