SATISH MARUTI JAWALE Vs. STATE OF MAHARASHTRA RESPONDENT

JUDGEMENT

(1.) Challenge in this appeal is to judgement rendered by learned Additional Sessions Judge, Ahmednagar, in Sessions Case No. 183/2007 whereby the appellant has been convicted for offence punishable under Section 498A and 304 of the I.P. Code and sentenced to suffer rigorous imprisonment for one (1) year and to pay fine of Rs. 250/-, in default to suffer rigorous imprisonment for three (3) months on the first count and rigorous imprisonment for seven and half (7 & 1/2) years and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six (6) months on the second count.

(2.) The appellant is husband of deceased Poonam. She was a young woman aged about 22 years. Their marriage was performed about one and half (1 & 1/2) year prior to the incident wherein Poonam was caught by fire. She received burns int he noon of May 21st, 2007 at about 3 p.m. in the matrimonial home. She and the appellant were the only persons residing in the matrimonial home at the relevant time. There is no dispute about the fact that she succumbed to the burn injuries on May 30th, 2007 while under medical treatment at Civil Hospital, Ahmednagar. She had received 60% burn injuries during course of the incident which occurred in the relevant noon. The appellant was employed as a waiter in a local hotel style as "Hotel Bagayatdar", situated at Jamkhed, which is a taluka place in Ahmednagar district.

(3.) The prosecution case, stated briefly, is that after about one (1) month of the marriage, the appellant and deceased Poonam started residing separately from other members of his family. He used to return home at late hours in the night in drunken condition. He used to beat her. She narrated to her parents about the matrimonial cruelty meted out to her. There was no improvement in his nature though a word of advice was given to him. She went to house of her parents and informed them about cruel treatment meted out to her by the appellant. Thereafter, for about six (6) months, she resided with her parents. Somewhere at the threshold of the year 2006, elder brother of the appellant, by name Sahadu, went to house of her parents and urged them to send her for cohabitation. He assured them that Poonam will not be subjected to any further ill-treatment at the hands of the appellant. On his pleading with them and assurance given by him, her parents sent Poonam to the matrimonial house for resumption of the cohabitation with the appellant. His conduct did not materially change. He continued to beat her. He used to suspect her fidelity. Her father visited matrimonial house of Poonam after few days of sending her to resume the cohabitation with the appellant. Her father tried to convince the appellant to discontinue the ill-treatment to Poonam. Thereafter, for some period, he did not ill-treat her. However, lateron, he again started giving her ill-treatment as before. Since some days before the incident, he was not attending the work at the hotel. On May 21st, 2007, while he was at home, Poonam urged him to attend the work. Thereupon, the appellant started giving her abuses and beat her by means of kicks and fists. She was fed up with his continuous harassment, ill-treatment and suspicion expressed about her character. She picked up a canister of kerosene with a view to threaten him and poured some kerosene on her person. The appellant, however, continued to abuse her by standing in her front. He told her why should she set on fire to herself, he would himself set the fire. He lighted a matchstick and threw the burning matchstick on her back side. Her saree was caught by fire. She screamed and went outside the house. There was none present nearby. The appellant then poured water on her person and extinguished the fire. He brought an autorickshaw and took her to private hospital of Dr. Munde. He left that private hospital immediately after she was admitted therein. Subsequently, her parents shifted her to the Government hospital. Her dying declaration was recorded by the Executive Magistrate. Assistant Sub Inspector (ASI) Aher recorded her statement about the incident as per her narration. He registered crime No. 48/2007 on basis of her statement. The investigation was geared up. In the meanwhile, injured Poonam died due to septisemiac shock caused as a result of 60% burns. The appellant was arrested. He was charge-sheeted for the offences punishable under Section 498A and 302 of the I.P. Code on basis of the material collected during course of the investigation.