- (1.)THE appeal is filed against the judgment and order of Sessions Case No.28 of 2011, which was pending in the Court of Addl. Sessions Judge, Majalgaon, Dist.Beed. The trial Court has convicted and sentenced the appellant for offence punishbable under Sections 498 -A and 306 of Indian Penal Code. The appellant is directed to suffer R.I. for three years for offence under Section 498 -A of Indian Penal Code and for seven years for offence under Section 306 of Indian Penal Code. Both sides are heard.
(2.)IN short, the facts leading to institution of the appeal can be stated as follows: Deceased Meera was given in marriage to the appellant / accused about two years prior to the date of incident. She has left behind a son aged about seven months. The crime was registered on the basis of the dying declaration of Meera. In the dying declaration, Meera has disclosed that there was ill -treatment to her and the same was started after six months of the marriage. She has disclosed that the appellant was asking her to bring Rs.50,000/ - from her parents as he wanted to make construction of house. This demand was not met with and so, there was ill -treatment to her. The deceased used to disclose to her parents about ill -treatment and demand of the appellant. The appellant was addicted to liquor and he used to beat Meera after taking liquor. The parents of the deceased had tried to convince the appellant to behave well, but his conduct did not improve.
The incident in question took place on 10th August, 2010 at about 11:00 a.m. The deceased was present in the house and the appellant returned after consuming liquor. Under the influence of liquor, the appellant picked up quarrel with the deceased and he referred to the demand which he had made in the past. He started giving beating to the deceased. During the incident, he expressed that he had suspicion about her character. Due to this incident, the deceased poured kerosene on her person and set fire to her.

(3.)THE deceased was shifted to the hospital by her relatives. On 10th August, the dying declaration of the deceased came to be recorded between 1700 and 1715 hours. The dying declaration was recorded by the police from Police Station, Ambejogai, as the deceased was receiving treatment at Ambejogai hospital. The dying declaration was sent to Dharur the place where the offence was committed, and accordingly, Crime No.61 of 2010 came to be registered for offence under Sections 498 -A, 323 and 504 of Indian Penal Code. Meera succumbed to the burn injuries on 12th August, 2010 and then, offence under Section 306 of Indian Penal Code came to be added. Baburao Rathod, P.S.I. of Dharur Police Station made investigation of the case and filed charged sheet. In the trial, the appellant / accused pleaded not guilty. The appellant admitted that the deceased had set fire to herself on that day, but he denied that he had given ill -treatment to the deceased.