VITHAL ZIBLAJI SONONE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged his conviction for the offences punishable under Section 498-A and 306 of IPC and sentence of rigorous imprisonment for 1 year and fine of Rs.500/- for the former offence and rigorous imprisonment for 5 years and fine of Rs.500/- for the latter offence imposed by the Adhoc Additional Sessions Judge-1, Wardha in Sessions Trial No. 83/2006 decided on 2.2.2007.

(2.) The marriage between the appellant and Rekha (deceased) had taken place about 7 years before the incident. Rekha delivered a daughter. Since beginning the appellant was not doing any work. He used to consume liquor daily and used to raise quarrel with his wife Rekha. He also used to beat her often. On 20.2.2006 the appellant consumed liquor for the entire day and beat his wife Rekha. She could not tolerate the ill-treatment meted out to her by the appellant. Hence at about 5 p.m. she poured kerosene on her person and set herself on fire. She was immediately taken to Sub District Hospital, Arvi where PSI Mohammad Yunus (PW5) recorded her dying declaration on the basis of which Crime No. 56/2006 under Section 498-A of IPC was registered against the appellant. Thereafter Rekha was shifted to Irvin Hospital, Amravati. There Shri Shinde, Special Judicial Magistrate (PW1) recorded her dying declaration. While under treatment, Rekha died on 31.3.2006. The post mortem report revealed that Rekha sustained 54 % burn injuries and that the cause of her death was burn injuries leading to septicemia shock. After completion of investigation, charge sheet was filed against the appellant on 29.5.2006 for the offences punishable under Sections 498-A and 306 of IPC.

(3.) The defence of the appellant is of simple denial.