- (1.)The appellants, who stand convicted for an offence punishable under Sections 498A, 302, 304B read with Section 34 of the Indian Penal Code and sentenced to simple imprisonment for three years and each to pay a fine of Rs. 1000/- in default of which to undergo imprisonment for six months, imprisonment for life and each to pay a fine of Rs. 1000/- in default of which to undergo imprisonment for one year and simple imprisonment for seven years and each to pay a fine of Rs. 1000/- in default of which to undergo imprisonment for one year, with a direction that all the substantive sentences shall run concurrently, by the Additional Sessions Judge, Pune, by judgment dated 01/07/2013 in Sessions Case No. 448 of 2010, by this appeal question the correctness of their conviction and sentence. This court while deciding Criminal Application No. 1182 of 2013, filed by the applicant/original accused No. 4 seeking enlargement on bail, had observed that looking to the nature of the evidence, this appeal filed by the accused needs to be decided expeditiously. Accordingly, this court directed that the appeal be listed for final hearing before the court on 8/10/2013. Pursuant to the order passed by this court dated 27/9/2013, this appeal has been listed before us for final hearing.
(2.)Facts in brief as are necessary for the decision of this appeal may briefly be stated thus:-
PW 8 - PSI Subhash Gaikwad, who was attached to the Shirur Police Station and was on duty on 9/9/2009 was informed on telephone at about 10.30 a.m. to record the statement of one Vrushali, who was admitted in the Government Hospital at Ahmednagar and found that Vrushali and her husband/accused No. 3 Sandeep had been admitted in the hospital. He accordingly recorded the statement of Vrushali and obtained her thumb impression. The statement of Vrushali is at Exh. 58. As per the statement of Vrushali at Exh. 58, Vrushali complained that she was harassed and ill-treated by the accused and, therefore, poured kerosene and set herself ablaze. On the basis of the statement of Vrushali at Exh. 58, an offence vide Crime No. 285 of 2009 was registered under Sections 498-A, 323, 504, 506 read with Section 34 of the IPC. After registration of the offence, the investigation was taken over by PW 8 - PSI Gaikwad. He accordingly recorded the statements of witnesses and on 10/9/2009 drew the scene of the incident panchanama in the presence of panchas at Exh.60. After Vrushal had succumbed to her injuries, the inquest panchanama of the dead body of Vrushali was recorded. The dead body of deceased Vrushali was referred for postmortem examination. Upon completion of the investigation, a charge-sheet against the appellants was submitted.

Postmortem on the dead body of deceased Vrushali was performed by PW 7 - Dr. Badhe. PW 7 - Dr. Badhe noticed that Vrushali had sustained about 82% burns. He, therefore, opined that Vrushali had died on account of hypovolemic shock due to 82% burn. The postmortem report is at Exh. 54.

(3.)On committal of the case to Court of Sessions, trial court vide Exh. 45 framed charge against the appellants for offence punishable under Sections 498-A and 306 read with Section 34 of IPC. Additional charge vide Exh. 28 was framed for offences punishable under Sections 302 and 304B read with Section 34 of IPC. The accused denied their guilt and claimed to be tried. The prosecution in support of its case examined nine witnesses. The trial court upon appreciation of the evidence, convicted and sentenced the appellants as afore-stated.