THE STATE OF MAHARASHTRA Vs. TUKARAM S/O KISAN WANVE
LAWS(BOM)-2017-11-71
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on November 03,2017

The State Of Mah Appellant
VERSUS
Tukaram Kisan Wanve Respondents

JUDGEMENT

T.V.NALAWADE,J. - (1.) The appeal is filed against the judgment and order of Sessions Case No.3/2002 which was pending in the Court of the learned 2nd Ad-hoc Additional Sessions Judge Beed. Present respondent Tukaram and his son Vithal were tried for offences punishable under sections 302, 498-A, 504, 506, 509 read with 34 of the Indian Penal Code . Both the accused are acquitted by the trial Court. The appeal is filed against only present respondent by the State. Both the sides are heard.
(2.) In short, the facts leading to the institution of the present appeal are as under :
(3.) The deceased Ashabai was daughter of Gorakh Andhale who is resident Andhlyachiwadi, District Beed. She was given in marriage to Vithal, son of the respondent, 3 to 4 months prior to the date of the incident in question. It is the case of the prosecution that, the respondent is addicted to liquor and after consuming liquor he used to pick up quarrels with the deceased. The deceased used to disclose about the behaviour of the respondent to her parents during her visits to the house of her parents. She was cohabiting with Vithal in Village Wanvewadi, Tahsil Ashti, District Beed. The incident in question took place at 7 to 8 p.m. of 30-9-2001 in the house of the husband of the deceased. The deceased sustained burn injuries and she was shifted first to Government Hospital Ashti and then to Civil Hospital Ahmednagar. In the Civil Hospital Ahmednagar on 1-10-2001 her statement came to be recorded by police of Kotwali Police Station Ahmednagar in which she gave the account of attempt of suicide. Her dying declaration came to be recorded by the Special Executive Magistrate on 2-10-2001 in Civil Hospital Ahmednagar. In this second dying declaration she blamed the respondent Tukaram by disclosing that he had set fire to her after pouring kerosene on her person. She disclosed that both, her husband and father-in-law were responsible for causing her burn injuries. She disclosed the incident to her father and mother. On the basis of the dying declaration recorded by the Magistrate, the crime came to be registered. She died in the hospital after about 4 days of the incident. Post mortem was conducted on the dead body and the doctor gave opinion about cause of death as due to 90% burn injuries. Both, the husband and the father-in-law came to be arrested. They had also sustained burn injuries and they were referred for medical examination. After completion of investigation, charge sheet came to be filed against both, the husband and the father-in-law.;


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