MANJULA GOVIND SHETYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants have challenged the judgment and order of the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.1007 of 1996, dated 27th October 2004, under which they have been convicted for offence punishable under Section 302 read with Section 34 of the Indian penal Code (IPC) and sentenced to suffer rigourous imprisonment for life and to pay fine of Rs.1000/- each and in default, to suffer further simple imprisonment for three months each.

(2.) The prosecution case is that the Appellants were the sister-in-law and mother-in-law of the deceased Vidya Shetye, respectively. They lived in the same house with Vidya and her husband one Prakash. There were frequent quarrels between the appellants and Vidya. A criminal complaint was also filed by Vidya's brother against the Appellants as well as her husband for ill treating and harassing her. It is the prosecution case that on 4-1-1996 when the Appellants were in the house with Vidya, Appellant No.1, her sister-in-law poured kerosene over her person and Appellant No.2, her mother-in-law pushed her onto the stove which was burning and thus set her on fire. She received 100% burn injuries due to which she succumbed 4 days later on 8-1-1996.

(3.) This case has been sought to be proved essentially through her dying declarations made initially to the Police Officer who was called by the hospital Authorities and upon which this case came to be registered and then to the Special Executive Magistrate (SEM) who recorded the same and orally also to her husband and brother. There is no material difference between the 2 written Dying Declarations.