JAI SHRI PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard. Appellants herein are convicted for offence punishable under section 306 and 498 (A) r/w 34 of Indian Penal Code in Sessions Case No. 32 of 1994 by Additional Sessions Judge, Kolhapur vide Judgment and Order dated 13/11/1995. For offence punishable under section 498 (A) of Indian Penal Code appellants are sentenced to suffer two years of rigorous imprisonment and fine of Rs. 2000/- in default to suffer further rigorous imprisonment for six months. For offence punishable under section 306 of Indian Penal Code appellants are sentenced to suffer three years rigorous imprisonment and fine of Rs. 3000/- in default to suffer further rigorous imprisonment of six months. Hence, this appeal.

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

(3.) Appellant no. 1 got married to Sangita, sometime in the month of March/April 1993. On 29/12/1993 Sangita was admitted in Miraj Mission Hospital as she was sustained burns. One Krishnabai Patil gave telephonic message to the police station that Sangita is admitted in the hospital with burn injuries. Police Head Constable of Miraj Police Station informed to Police Head Constable Gavhane about the same. Police had then submitted a requisition for recording the statement of Sangita by a Special Executive Magistrate. P.W. 4 Jafar who is working as Special Executive Magistrate, Miraj had been to the hospital. He had taken the opinion of doctor Sabale and then recorded the statement of Sangita.