PRAKASH SAHADU BANOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A young girl hardly aged about 19 years, who was born and brought up in a poor family, was given in marriage to one person, who was working as a Vaccinator in Zilla Parishad and was posted at Shandi in Akola taluka of Ahmednagar district. The said person was widower as his first wife had died and he had two children out of the first wedlock. The parents of the girl were obliged to give their daughter in marriage sheerly out of Poverty. The girl then entered the wedlock with the dreams of happy married life, which however, were shattered when she realised that the accused was subjecting her to ill-treatment and physical violence. He was also taken to drinks. It is alleged that on 25th March 1984 accused had took up a quarrel with his wife, whose name was Shobha, being under the influence of drink and he even humiliated her by taking all the ornaments including Mangalsutra from her person. She was subjected to physical violence. Shobha's parents, who happened to be residing in nearby village had come to village Shendi at about noon time because a weekly bazar for all the adjoining villages is held at Shendi on evuy Sunday and 25 March 1984 was Sunday. By about noon time the parents had visited daughters house when they found her to be very depressed and dejected and when questioned she told them about the husband's behaviour and also appraised them that all her ornaments including Mangalsutra were removed by the husband. The son-in-law-the accused was present there, who accepted removal of ornaments, but stated that it was just on account of prank, though he had no other intention. He, therefore, handed over the ornaments to Shobha, which she again wore on her person. The parents unmindful of the tragedy that was to follow left the house and went to market area.

(2.) Theo prosecution then alleged that after the departure of parents, the accused locked Shobha in her room and assaulted her after having a quarrel with her and removed the ornaments including Mangalsutra from her person. Not being satisfied with that desire, the accused is alleged to have taken a tin containing kerosene, poured the same on the person of Shobha and by igniting match- stick he set her on fire. Shobha was engulfed in flames and she obviously started shouting and crying for help. This attracted the attention of neighbours. The accused, therefore, opened the door of the room and Shobha ran out of the room being completely in agonies. The people then started collecting. It is alleged that accused himself wrapped a mattress around the person of Shobha and tried to extinguish fire and made her sit on the mattress outside the room.

(3.) By that time the news spread in the market area, which was learnt by the parents of Shobha and they, therefore, rushed to the house. Shobha told her mother Chhabubai that she was set on fire by the accused. Chhabubai therefore, immediately rushed to the Outpost and informed the Police Head Constable Ghevarikar (P.W. 5) about the situation. The Police Head Constable, however, stood on technicalities and adopted an unusually unacceptable stance. He asked Chhabubai first to get a memo from the Medical Officer and it is only thereafter that he would go with her. Chhabubai, therefore, had no option and, therefore, she went to the Medical Officer Samudre (P.W. 6) and appraised him of the situation, who then gave his memo Exhibit 18 addressed to the Police Station Officer. Armed with that memo Chhabubai again went back to the Police Outpost and it is thereafter that Police Head Constable Ghevarikar started in company of Chhabubai to Shobhas house. By that time Dr. Samudre had also left the Dispensary on way to Shobhas house via Outpost. His colleague Dr. Kudale (P.W. 1) was also present in the Dispensary, who also left with the Nurse for medical aid to the house of Shobha. All thus gathered at the house of Shobha. It is alleged that Shobha made similar declaration involving the accused before these persons. Police Head-Constable Ghevarikar then recorded the declaration of Shobha at her house itself, which is at Exhibit 16 and along with his occurrence report Exhibit 17 he forwarded all the documents including the memo of Medical Officer to the Police Station, on the basis of which offence was registered against the accused presumably under section 307 of the Indian Penal Code: Since Shobha's condition was serious it was decided to transfer her to Civil Hospital at Nasik. She was, therefore, taken to Nasik Civil Hospital in a Jeep. The accused was also taken along with her. Dr. Kale (P.W. 9), who was Casualty Medical Officer at that Hospital examined her and prepared case papers and to him also the same declaration was made by Shobha as giving the history. Dr. Kale realised Shobhas condition to be precarious because she had 91 % burns, which ultimately found to be 96%. Therefore, Special Judicial Magistrate Shri More was summoned. He after getting himself satisfied that Shobha was in a fit condition to make statement, recorded her dying declaration at Exhibit 24 in the Hospital.