SHANTABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused, who was convicted under Sections 302 and 450 of the Indian penal Code and sentenced to suffer Rigorous Imprisonment for life and to pay a fine of Rs. 500/-and in default to suffer Rigorous Imprisonment for one month, on the first count and to suffer rigorous Imprisonment for one year and to pay a fine of Rs. 500/- and in default to suffer Rigorousimprisonment for one month, on the second count, questions both her conviction and sentence.

(2.) THE accused - Shantabai was a neighbour of Madhukar (P. W. 2) who used to run a dairy. With Madhukar resided his wife Abusayabai and mother Gangubai and daughter Sheela who was, at the time of the incident, about 7 years old. Close to Madhukars house was the house of his brother Sadashio, which was separated only by a common wall. On 18th April, 1982, there was a quarrel between Sheela and the accused's son Arun heela told her mother about the quarrel. After Madhukar returned to the house at noon, she also told Rajkumar about the quarrel with Arun Madhukar left the house in the evening for delivering milk and returned home at about 8. 30 p. m. Anusayabai sustained bums while she was cooking in the kitchen at about 7. 00 p. m. , and she rushed opt of the kitchen and went near Gangubai who was outside near the cattle. Gangubai s clothes also caught fire. The neighbours, including Raghunath (P. W. 11) collected at the place and put out the fire and, arranged, to remove Anusayabai and Gangubai to the hospital. Dr. Diware (P. W. 3) examined both the women at about 10. 00 p. m. , and found that Anusayabai had sustained 9o% bum injuries, while Gangubai had bums to the extent of 4o% on her person. He informed the police by sending a memo (Exhibit 22 ). P. 5. 1.-Shirthate (P. W. 17.) made an entry in the Station Diary and went to the hospital, and after ascertaining from Dr. Diware that the two women were in a position to make statements, recorded their statements. Anusayabai told him, allegedly in the presence of two panchas, Ambika prasad and am Parkash (P. W. Nos. 4 and 5), that the accused, who is the wife of Devidas Chavan, entered her house, poured Kerosene on her person and set fire to her, on account of the earlier quarrel between Sheela and Arun. He also recorded the dying declaration of Gangubai. Later, Shri Pathak, Tuluka Magistrate, was also called and he recorded identical dying declarations of the two women at 10. 35 p. m. (Exh. 69 and 70 ). Since proper treatment could not be given at Arvi where the incident had occurred, the two women were sent to the Sevagram Hospital, Wardha, where head Constable Wamanrao (P. W. 7) recorded their statements which were produced at Exhibits-42 and 43. Anusayabai died on 19. 4. 1982, while Gangubai died on 22. 4. 1982. , The post-mortem examination showed that Anusayabai died on account of shock due to extensive bums.

(3.) IT is not necessary for us to refer in detail to the other investigation, as it would not be material for deciding this appeal Suffice it to say that after his return home at about 8. 30 p. m. , Madhukar took Sheela to the Police Station and her statement came to be recorded by P. S. I. Shirbhate, after he recorded the two dying declarations of Anusayabai and Gangubai.