DAGADU SHANKAR TODMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by the original accused No.1 - Dagadu Shankar Todmal, against the judgment and order, dated 5-1-1995, passed by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No.345 of 1994, whereby, the learned Additional Sessions Judge found the appellant-accused guilty of the offence punishable under Section 498-A of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for nine months and further found him guilty for the offence punishable under Section 307 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- and, in default, to suffer rigorous imprisonment for 1 1/2 years. Along with the original accused No.1 - present appellant, his mother - Kausalyabai - original accused No.2 was also tried for the offences referred to above, however, the learned Additional Sessions Judge found the evidence on record short to convict the original accused No.2 and, therefore, she is acquitted of the offences charged with.

(2.) THE facts of the case in nut-shell can be narrated as under :- Original complainant Vandana, who happens to be P. W. 3 in the present matter, was married to the accused No.1 Dagadu on 31-3-1994, whereafter, she resided with her husband and her in-laws, including the original accused No.2 - her mother-in-law. It is the case of the prosecution that matrimonial residential house of the complainant is situated at Mhaske Chawl, Jeur, which is just at a distance of 1 1/2 Kms. from the house of the accused No.1 i. e. at village Todmalwadi.

(3.) ON the fateful day i. e. on 30-6-1994, at about 9.30 a. m. Vandana had cleaned the house and at that time accused was present in the house. Accused again repeated his demand of Rs. 5,000/-, which were not paid to him and therefore, he called for the explanation from Vandana as to why she did not bring the same from her father. ON this pretext, he also beat her. Vandana replied that her parents were poor and it was difficult for them to make the payment of remaining Rs. 5,000/ -. Thereafter, the prosecution story narrates that, Vandana was cooking food. At that time, the accused No.1 poured kerosene on her person and set her on fire. According to the prosecution, the accused No.2 at that time was present in the house. Vandana caught fire, sustained burn injuries and she ran out of the house shouting. The neighbours gathered and extinguished the fire. Message was given to Raosaheb - brother of Vandana, who came on the spot and took her in a jeep to Ahmednagar, where she was admitted in Dr. Tholar's Hospital. Vandana had sustained burn injuries on her chest, back and on legs. She was treated in Dr. Tholar's Hospital and hospital authorities informed to M. I. D. C. Police Station, Ahmednagar about the same at about 9 a. m. , whereon, Police Sub-Inspector Balkrishna Waman Shinde -PW 9 reached there and recorded statement of Vandana, as per her say, which is at Exhibit 17 on the record. ON the basis of the said complaint of Vandana offence was registered under Sections 498-A and 307 of the Indian Penal Code as Cr. No.94 of 1994 and further investigation was carried out. A supplimentary statement of Vandana was also recorded by the Police authorities, on the basis of which the original accused No.2 Kausalyabai was included as an accused No.2. After completing usual formalities of investigation, a charge sheet was submitted against the accused Nos. 1 and 2 in the court of the Chief Judicial Magistrate, Ahmednagar. Considering the charges levelled against the accused persons, the learned Chief Judicial Magistrate committed the case to the court of Sessions for it's trial, according to law.