LAWS(BOM)-1989-12-33

LACHMANSINGH RAMSINGH SIKH Vs. STATE OF MAHARASHTRA

Decided On December 20, 1989
LACHMANSINGH RAMSINGH SIKH Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE appellant-accused has been convicted under section 302 of Indian Penal Code by the learned Sessions Judge, Nanded, for his wife 'put on fire. He has been sentenced to imprisonment for life by his order dated November 12, 1987. The validity of said order is challenged in this appeal.

(2.) THE accused's father Ramsingh is the maternal uncle of one Smt. Indrakaur, wife of Rhajansingh. Bhajansingh's daughter Manjitkaur married the accused about a couple of months prior to the date of the incident. The incident took place on April 27, 1987.

(3.) THE family of Bhajansingh and Ramsingh reside at Nanded at a close distance. Manjitkaur was brought to her parent's place for Baisaki festival which was to be held on April 14, 1987. In the evening on that day, the accused went to the house of parents of Manjitkaur to bring her back but at the instance of Inderkaur's mother Radhabai, she stayed for 2. 3 days with her parents. It appears that the accused, however, visited the house of his in-laws virtually every day to bring her to his house. It is, however, alleged that on the last visit of the accused, Manjitkaur told her parents that she was being ill-treated and abused in her husband's house. Therefore, her father Bhajansingh conveyed a meeting with the accused's father Ramsingh and others in his house. In the meeting, it was suggested that Manjitkaur be allowed to stay for 8-12 days more in her parent's house. The accused, however, did like said suggestion. He again went to the house of parents of Manjitkaur to bring her back but her father bhajansingh did not send her with him. It is alleged that Bhajansingh told the accused that he would send his daughter with his parents. Thereafter, when the accused's elder brother Mohansingh went to the house of Bhajansingh she was sent to her matrimonial home on April 27, 1987.