SANTOSH BHASKAR DERLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein is convicted vide judgment and order dated 22nd July, 2014 by the Additional Sessions Judge, Niphad in Sessions Case No. 3 of 2008 for the offence punishable under section 304-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of 8 years and to pay fine of Rs.2,000/-, in default, to further undergo rigorous imprisonment for three months. He is also convicted for the offence punishable under Section 498A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for two months. The Appellant is further convicted for the offence punishable under 323 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and also to pay fine of Rs.500/-, in default, to suffer further simple imprisonment for one month. All the substantive sentences are run concurrently. The Appellant is hereby acquitted of the offences punishable under Section 504 and 506 of the Indian Penal Code.

(2.) Such of the facts necessary for decision of this appeal are as follows.

(3.) The Appellant herein was married to Kalpana, who was resident of Niphad on 17th April, 2003. The Appellant was working in the Police Department of the State of Maharashtra. At the time of marriage, he was posted at Gadchiroli. Kalpana had accompanied him to Gadchiroli. The couple was blessed with a son within one year of marriage. Thereafter, a discordant note had struck between the couple. There were misunderstandings and in January, 2005, Kalpana had been to her maternal house and refused to return back. In the interregnum, the Appellant was transferred to Shirpur, Dhule. It appears that in November, 2005, the Appellant had sent a legal notice to Kalpana seeking restitution of conjugal rights. With the intervention of relatives and parents, in May, 2007, Kalpana had returned to her matrimonial home. On 20th July, 2007, at about 5.30 p.m., Kalpana set herself on fire thereby immolating herself. She was rushed to Civil Hospital at Nashik. The police had informed Executive Magistrate, Prakash Nikale (PW1) on 20th July, 2007 at about 7.20 to 8.00 p.m. On 21st July, 2007, in the afternoon at 3.00 p.m., her statement was recorded by PW1, Executive Magistrate, serving as Nayab Tahasildar being Dying Declaration at Exhibit 38. The dying declaration was recorded on a printed format issued by the State of Maharashtra.