DNYANESHWAR JAGANNATH BARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by the original accused in Sessions Case No.247 of 1994, decided by the II Additional Sessions Judge, Jalgaon, on 05.12.1997, whereby the appellant was convicted of offences punishable under Sections 306 and 498-A of the I.P.C. For offence punishable under Section 306 of the I.P.C, the appellant was sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for two months. For offence punishable under Section 498-A of the I.P.C, the appellant was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for one month.

(2.) Briefly stated, it is case of the prosecution that deceased Nirmala was daughter of P.W.l-Chindhu Narayan Bari (Warade) resident of Pahur. He was clerk in M.S.E.B. Nirmala married present appellant on 14.05.1993 and went to reside at the house of the appellant Shirsoli. Nirmala came to the house of her parents at the time of Diwali and stayed for 15 days and went back to her matrimonial house. One month thereafter P.W. 1-Chindhu went to meet Nirmala and Nirmala started crying. On asking, she said that appellant-her husband was saying that he did not like food cooked by her, she was lazy. On these and other petty matters the appellant was quarreling with her and beating her. At that time P.W.l-Chindhu pacified deceased Nirmala and returned back. He told about what had happened to his wife Devkabai. One and half month before 09.03.1994, P.W. 1 -Chindhu along with his uncle P.W.4-Baburao had gone to Shirsoli to meet Nirmala. At that time, Nirmala again started crying on seeing them. She again made same complaint and said that since previous visit of P.W. 1-Chindhu, her husband had beaten her on every alternate day, telling her that he did not like her; she was not able to cook and therefore he wanted to give her divorce. At that time, P.W.l-Chindu and P.W.4-Baburao tried to calm her down and went back.

(3.) On 09.03.1994 at about 2.00 p.m. when P.W. 1-Chindu was in his office at Pahur, one Tukaram came and gave him information that Nirmala had sustained burn injuries and she was admitted in Civil Hospital at Jalgaon. Therefore, immediately P.W. 1-Chindhu along with P.W.4-Baburao and other relatives went to the Hospital at Jalgaon. There they met Nirmala, who had sustained burn injuries. On enquiry Nirmala told them that on earlier day i.e. 08.03.1994, the appellant had beaten her on the ground that she had not been able to cook; and on 09.03.1994 at about 10.00 a.m. the appellant again raised quarrel on same count and beat her with kicks and fists blows and hit steel tiffin on her and further said that he did not like her and he would give her divorce. Due to repeated beating and harassment, Nirmala set herself on fire after pouring kerosene at about 11.30 a.m. On same day at about 5.20 p.m. Nirmala expired. P.W.l-Chindhu lodged complaint on same day. It was registered at 6.10 p.m..