SITABAI ALIAS SEVANTABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgement rendered by learned Additional Sessions Judge, Basmathnagar, in Sessions Case No. 63 of 2004 whereby both appellants have been convicted for offences punishable under sections 306 and 498-A read with section 34 of the I.P. Code and are sentenced to suffer imprisonment for five (5) years and to pay a fine of Rs. 2000/-, in default to undergo imprisonment for six (6) months, and imprisonment for one (1) year and to pay a fine of Rs. 1000/-, in default to undergo imprisonment for three (3) months, respectively.

(2.) Background facts, in nutshell, are as follows :

(3.) The prosecution case is that deceased Sow. Savita was subjected to cruelty by the appellants after period of about five years of the marriage. They used to pick up quarrels with her. They used to tease her saying that she was eating food without doing work. They sometimes used to beat her. The deceased was unable to bear with the cruelty meted out to her by the appellants. In the early morning of 30th May, 2004, the appellants picked up quarrel with Sow. Savita. Both of them were abrasive and abusive to her. Sow. Savita was irked, infuriated and immediately, doused kerosene on her person after closing door of a room in which she went. She got immolated herself. She was rushed to Government Hospital after the fire was extinguished. Her police statement was recorded. Her dying declaration was recorded by learned Judicial Magistrate (First Class) while she was in the hospital. She gave oral dying declaration to her parents and other relatives. She died on account of 96 per cent of burn injuries sustained by her, on 31st May, 2004. On basis of material gathered during course of investigation, both appellants were chargesheeted for offences punishable under section 306 and 498-A read with section 34 of the I.P. Code.