SULABHA ASHOK SURYAWANSHI Vs. EILEEN .D'SOUZA

JUDGEMENT

(1.) HEARD Mr. Rajendra Shirodkar for the Appellant-original Accused No.1, Mr.M.K. Kouchrekar for Respondent the No-1 original complainant, and Mr. I.S Thakur the learned A.P.P. for Respondent No.2 - the State of Maharashtra.

(2.) THIS is an appeal filed by the original Accused No.1. the Appellant herein viz. Sulabha Ashok Suryawanshi, against the judgment and dated 7th February, 1991 passed by the learned II Additional Sessions Judge, Thane, in Sessions Case No. 73/1988, whereby the original Accused Nos.1 and 2 were acquitted of the offence punishable under Section 302 of the I.P.C whereas Accused No.1 Appellants herein viz. Sulabha Ashok Suryawanshi was convicted for the offence punishable under Section 304 II of the I.P.C. and was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.1,000/-, and in default to pay fine, was sentenced to undergo a further rigorous imprisonment for three months.

(3.) THE brief facts of the case as per the prosecution are that Accused No.1-Sulabha is the wife of Accused No.2-Ashok. The deceased Leelabai Madhav Bhalerao used to reside in her own house at Kulgaon ever since 1981 after her retirement as a nurse at Baroda, and that the original Accused No.2-Ashok also used to reside in a double room block belonging to Leelabai adjacent to the double room block of Leelabai. The Accused No.2-Ashok is the son of the step sister of deceased Leelabai. The relationship between the deceased Leelabai and Accused No.2-Ashok was that of a mother and a son and that the relations between them were very cordial. Initially, the relations between Accused No.1-Sulabha (wife of Ashok) with the deceased Leelabai were also cordial, but from 1982 onwards, as per the prosecution case, there used to be some quarrels between them. As alleged by the prosecutions it appears that on 20th September, 1984 between 8.00 to 9.00 a.m. some quarrel had took place and both the accused had beaten up Leelabai. Thereafter Accused No.2-Ashok had left the house and went to Bombay, the office of the Commissioner of Police, where he works. Further it is the case of the prosecution that after the departure of Accused No.2-Ashok, his wife Accused No.1-Sulabha had started a quarrel with Leelabai. Thereafter, as alleged by the prosecution, Sulabha had thrown a burning ball of cloth (bola) on the person of Leelabai due to which she caught fire and sustained several burn injuries on the body. It appears that some persons of the locality had assembled and the fire was extinguished and Leelabai was taken to Dhanwantari Hospital of Dr. Pramod Parite (Kulkarni) at Kulgaon. After the initial treatment, Dr. Kulkarni had advised to shift Leelabai for better treatment to Chhaya Hospital at Ambernath which is a Municipal Hospital. Accordingly, it appears that at about 9.00 p.m. Leelabai was shifted from Dhanwantari Hospital, Kulgaon, but was actually taken to Murlidhar Hospital at Ambernath which is a private Hospital. The said Dr.Kulkarni appears to have sent a written note through Dr.Bijgarni to the Kulgaon Police Station requesting the police officials to come to his Hospital and record the statement with regard to the burning case. It appears that Dr. Bijgarni was called immediately after the said Leelabai had suffered burn injuries at the residence of Leelabai, and on the advice of the said Dr. Bijgarni, the deceased Leelabai was shifted to Dhanwantari Hospital of Dr. Kulkarni. It appears that between 6.00 p.m. and 8.00 p.m. on 20th September, 1984, certain police officers had visited Dr. Kulkarni's Hospital and had recorded the statement of said Leelabai. The original medical case papers of Dr.Kulkarni which are at Exh. 30 before the Trial Court, shows that the said Leelabai was admitted in his Hospital with the history of burns. The said record also indicates that the burns were mainly superficial and the patient was admitted at about 2.00 p.m. 20th September, 1984. It appears that, at about 6.00 p.m. the said Dr. Kulkarni had advised shifting of Leelabai to Chhaya Hospital at Ambernath for better treatment.