VIMALBAI SHANTARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CHALLENGE in this appeal is to judgement rendered by learned IIIrd Additional Sessions Judge, Jalgaon, in Sessions Case No. 161 of 1994 whereby the appellants have been convicted for offences punishable under section 306 and 498a read with section 34 of the i. P. Code and sentenced to suffer rigorous imprisonment for three (3) years and to pay fine of Rs. 2000/-each, in default to suffer rigorous imprisonment for three (3) months, on first count and to suffer rigorous imprisonment for three (3) years and to pay fine of Rs. 1000/- each, in default to suffer rigorous imprisonment for one (1) month, on the second count.

(2.) BACKGROUND facts leading to the prosecution, in nutshell, are as follows. The appellant No. 3 married deceased - Kamal prior to about seven (7) years of the incident which occurred on 2nd January, 1994 at about 2300 hours in her matrimonial home. The appellants used to reside together under one roof. Deceased Kamal could not conceive and was thus issueless. The appellants used to trouble, ill-treat and harass said Kamal for the reason that she was unable to conceive. They used to call her "wanz' (------ ). They used to express suspicion about her character. She was mentally harassed by them while she was residing in the matrimonial home. She, however, continued to bear the ill-treatment and harassment at their hands. She was unable to tolerate the ill-treatment and as such, had gone to reside with her mother. She resided with her mother for about one (1) year. However, she was lateron sent to house of the appellants when her mother-in-law i. e. appellant No. 2 went to fetch her from the matrimonial home. On account of continuous ill-treatment, in the night of 2nd January, 1994, she poured kerosene on her person and immolated herself. The fire was extinguished by the appellants and some neighbours. Injured Kamal was shifted to hospital. She succumbed to 100% burn injuries sustained by her, in the night between 3rd and 4th January, 1994. In the meanwhile, her three (3) dying declarations were recorded whilst she was under medical treatment. On basis of one of the dying declarations recorded by Police Head Constable Pandit Patil (PW6), offence was registered against the appellants. The police investigation indicated material to infer offences of matrimonial cruelty and abetment to the suicide of Kamal. Hence, the appellants and original accused No. 1 -Shantaram, who is brother-in-law of deceased Kamal, were charge-sheeted to face their trial for the offence punishable under sections 498a and 306 of the I. P. Code.

(3.) THE appellants pleaded not guilty to the charge (Exh-24 ). Their defence was of simple denial. The prosecution examined in all eleven (11) witnesses in support of its case and relied upon certain documents. The learned Additional Sessions Judge held that the three (3) dying delcarations of deceased Kamal sufficiently established the charges of matrimonial cruelty and abetment to her suicide. The learned Additinoal Sessions Judge was pleased to accept the case of prosecution on basis of material placed on the record. The appellants were, therefore, convicted and sentenced as described hereinabove.