SUDHAKAR S/O KASHINATH WANI Vs. STATE OF MAHRASHTRA
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Sudhakar S/O Kashinath Wani
State Of Mahrashtra
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M. T. Joshi, J. -
(1.) Aggrieved By The Recording Of The Conviction By the learned IInd Additional Sessions Judge, Jalgaon vide judgement and order dated 5th September, 2001, passed in Sessions Case No.112 of 1995, for the offences punishable under section 498A and 306 of the Indian Penal Code, the present appellant who was original accused no.2 has filed the present appeal.
The present appellant was directed to suffer rigorous imprisonment for a period of three years and to pay fine of Rs.500/, in default to suffer simple imprisonment for two months, on each of the count. The sentences were directed to run concurrently.
(2.) The Appellant Is The FatherInLaw Of Deceased Sangita. All other coaccused i.e. the husband, the brotherinlaw and sisterinlaw of the deceased were acquitted by the learned Additional Sessions Judge.
(3.) On 25th November, 1994, deceased Sangita was admitted to Bapuji Rural Hospital, Chalisgaon, District Jalgaon due to suffering of burn injuries. Her statement was recorded by PW4P.I.Yadavrao Patil of Pachora police station at exhibit72. According to the said dying declaration, since the date of the marriage of the deceased with original accused no.1 Milind on 4th April, 1994, she was being illtreated by all her inlaws.
Immediately a day preceding the incident of suffering burn injuries by the deceased, in evening, her brother PW1Sunil Wani had been to her house. At that time, the present appellant questioned as to how a good mattress was provided to said Sunil while a torn mattress was provided to him by the deceased. Besides this, the present appellant was always blaming the deceased as she being a married lady had come from her parents' house to their house by sitting on a bicycle of one Bhaskar Patil. For certain period, even the deceased and accused no.1 i.e. her husband were residing separately from the joint family. They, however, again started residing together with the family. The appellant, however, always used to taunt the deceased over her behaviour concerning said Bhaskar Patil. He even used to challenge that he would pay all the expenses of the marriage but the deceased should be divorced. The acquitted accused no.4 Sau. Sangita also used to join in the illtreatment to the deceased.
In the circumstances, in the previous night after episode of mattress was over, the deceased and the accused no.1 Milind slept together in the house. At that time, accused no.1 told her that he did not want her and went away. The deceased was not able to sleep for the night and therefore, in the morning, she poured kerosene on her person and set herself on fire. All the accused put off the fire and brought her to the hospital.
After this dying declaration was recorded, the deceased has died. Upon her death, on the very same day i.e. on 25th November, 1994, PW1Sunil Wani filed a complaint at exhibit64 to the same effect. The Investigating Officer thereafter carried the investigation in the said case. The panchanama of the spot of occurrence was recorded. The postmortem examination notes were collected. The statements of the relatives were also recorded and the chargesheet came to be filed in the court.;
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