ARUN SHIVDAS JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was charged for harassing his deceased wife Malubai Arun Jagtap and committing her murder and thereby committing offence punishable under sections 302 and 498A of Indian Penal Code, 1860 (for short "the I.P.C."). The appellant pleaded not guilty and, therefore, he was tried in Sessions Case No. 64 of 2004. The 4th Ad-hoc Additional Sessions Judge, Dhule convicted the appellant for an offence punishable under section 302 of I.P.C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs.1,000/- (Rs. One Thousand) in default to undergo rigorous imprisonment for six months. The appellant was further convicted for an offence punishable under section 498A of I.P.C. and he was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/- (Rs.One Thousand) in default to undergo rigorous imprisonment for three months. The substantive sentences were directed to run concurrently.

(2.) The prosecution case is that the appellant is husband of deceased Malubai. Their marriage was solemnised in the year 2002. Malubai was resident of village Khandbara, District Nandurbar and appellant was resident of village Boradi, Taluq Shirpur, District Dhule. Initially, for a period of 5 - 6 months, the appellant treated Malubai well. Thereafter, the appellant started suspecting chastity of deceased Malubai. On that count, appellant started beating and abusing her. Malubai had contacted her brother and other relatives on phone 2 - 3 times informing them of the illtreatment suffered by her. The appellant was advised by the relatives of Malubai to desist from beating and abusing her. Malubai was pregnant. So she was brought to village Khandbara. Malubai delivered a female child at Khandbara and she stayed there till the child became 11 months old. The appellant thereafter came to Khandbara and proposed for a compromise and suggested that he will take Malubai with him for cohabitation. On the request made by the appellant, a stamp paper was prepared on 21/05/2004 and was got written so that the assurance of the appellant was properly recorded. After the stamp paper was executed, appellant took Malubai for cohabitation.

(3.) On 26/05/2004 at 7.30 a.m. Bhika Chavan received a phone call informing him that Malubai sustained burns and she died. The P.W.No.2 Raju Mistri, the brother of Malubai, approached social worker Smt.Jaiswal, and thereafter the brother (PW 2), Mrs.Jaiswal, mother of Malubai and maternal uncle came to Cottage Hospital, Shirpur in Tata Sumo vehicle. P.W.2 Raju inquired with Malubai about the incident. She told him that police had already come there and recorded her statement. There was no talk between Malubai and P.W.2 Raju. Malubai was talking with her mother. P.W.2 Raju heard Malubai saying to her mother that on 26/05/2004 at 6.00 a.m. when she was lighting the earthen stove, the appellant asked her to light the kerosene stove, and when she was lighting the stove, the appellant brought kerosene in a can from the room and poured kerosene on the person of Malubai and ignited her with match stick. Malubai tried to come out of her house, but the appellant closed the door of the house from inside. Malubai further stated that the appellant with the help of half burnt saree pulled her back in order to prevent her to go outside.