SHANKAR MANGELAL LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant convicted for offences under sections 306 and 498-A of I. P. C. and sentenced to RI for two years on each count and to pay a fine of Rs. 500/- for each offence and in default to suffer RI for six months on both the counts has preferred this appeal challenging the order of conviction and sentence recorded against him by the learned Additional Sessions Judge, Greater Bombay on 31st July 1992 in Sessions Case No. 878 of 1986.

(2.) THE prosecution case, briefly stated, is as follows: deceased Pramila was married to the appellant about 12 years prior to the incident which took place on the day of 21st September 1986 in the matrimonial home. During their wedlock deceased gave birth to three children, two sons and one daughter out of whom the younger son is no more. There used to be frequent quarrels between the two on account of the appellant being addicted to alcohol and was frequently assaulting the deceased with fists and kicks. It was also the allegation that the appellant was starving his deceased wife and he used to demand money from her. On 21st September 1986 at about 2 p. m. in the afternoon the appellant demanded a sum of Rs. 10/- from the deceased which she could not pay. The appellant, therefore, assaulted her with fists and kicks. The deceased, fed up with her life of torture and suffering to which she was put to by the appellant, decided to end her life and, therefore, closed the door, poured kerosene on her body and set herself ablaze. She then immediately came out of her house shouting. The neighbours rushed to her rescue, extinguished her fire and removed her to Rajawadi Hospital for medical treatment. When she was admitted to the hospital she gave history of suicidal burns. The doctors who attended her found she was having 65% burns and, therefore, Ghatkopar Police Station was informed on telephone. P. S. I. Shivaji Patil P. W. 7 rushed to the hospital, consulted the doctor and after the doctor certified the deceased to be in a fit condition to give statement, recorded her statement which is at Exhibit 17. The said statement is treated as F. I. R. P. S. I. also sent Constable to call an Executive Magistrate who also immediately came to the hospital and recorded her statement at Exhibit 6. In both the statements the deceased has narrated about the frequent physical torture to which she was subjected to by her husband as also how she set herself on fire because of the fist and kick blows given to her by the appellant-husband. There were burn injuries on the face, neck, chest, upper abdomen, thighs, back and waist of the deceased. She ultimately died on 24th September 1986. The appellant husband was arrested on 23rd September 1986.

(3.) AFTER the investigation the charge-sheet was filed for offences under sections 498-A and 306 of I. P. C. and the case was committed to the Sessions Court. The Ld. Addl. Sessions Judge, Greater Bombay framed charges for offences punishable under sections 498-A and 306 of I. P. C. to which the appellant pleaded not guilty. At the time of trial the plea of the appellant was of total denial and false implication. He denied having treated his deceased wife with cruelty and that he was addicted to drinks or that he used to make demand for money from her. He also denied the incident dated 21st September 1986. According to him the wife must have committed suicide on account of their poverty.