SHIVKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal under Section 374(2) of the Cr. P. C. the appellant / original accused challenges the judgment and order passed by the Ad-hoc Additional Sessions Judge, Osmanabad on 30.11.2006 in Sessions Case No. 13 of 2006. The appellant was accused no. 1 in the case.

(2.) The incident in question is stated to have taken place on 4th January, 2005 at about 8.30 p. m. at the place of accused. Victim in the case namely Shital is wife of the accused. It is alleged that marriage of the couple was solemnised on 20.2.2002. Shital originally belonged to Adas, taluka Kaij, District Beed. The couple stayed with joint family for about six months and since two years prior to the alleged incident, they were staying separate, although in the same locality.

(3.) Prosecution has examined eleven witnesses. PW 1 Shidling Todkar (Exh. 17) and PW 4 Kishor Todkar (Exh. 26) are father and brother of deceased Shital, respectively. PW 5 Ramdas Chavan (Exh. 27) is neighbour and friend of PW 1 Shidling. All three witnesses are examined on the same point. They have narrated that after initial six months of happy married life, accused had started ill-treating the deceased. He was demanding cash of Rs. 50,000/- for the purpose of purchasing a motorcycle and he was also subjecting her to beating for the purpose of pressing that demand. All three claim to have reached to Solapur Burn Care Centre on PW 1 Shidling getting message from son of one Sallauddin that Shital and her husband were admitted in the hospital at Solapur due to burn injuries. They reached the hospital at hours just past midnight of 4th and 5th January, 2005. All of them claim to have heard oral dying declaration of Shital inculpating the accused.