Decided on June 09,2017

Janardhan S/O. Jagoji Uike Appellant


V.M.DESHPANDE,J. - (1.) By the present appeal appellant has challenged the judgment and order of conviction passed by Learned Adhoc Additional Sessions Judge, Yavatmal dated 20th December, 2002 in S.T. No.69/2000. By the said judgment the Court below convicted the appellant for the offence punishable under Section 498A and for that he was directed to suffer R.I. for 3 years and to pay fine of Rs. 500/- and in default to undergo R.I. for 1 month. The appellant is further convicted for the offence punishable under Section 306 of the Indian Penal Code and on that count sentenced him for 5 years of Rigorous Imprisonment and fine of Rs. 1000/- and in default Rigorous Imprisonment for 1 month. The Court below directed that these sentences shall run concurrently.
(2.) The facts giving rise to the present appeal are as under : Deceased is Shaila. She was a teacher. Appellant married with deceased on 07/05/1999. Appellant is also teacher by profession. Their marriage was a love marriage. At the time of marriage appellant was working at Chincholi and deceased was working at Shivshakti Kannaya School, Kalamb. The marriage took place at Kalamb where the parents of the deceased were not residing. Deceased took loan from the credit society of her school and it was given to her father Vishnu Yadao Madavi(PW1) prior to her marriage. After marriage the couple till reopening of the school were residing at Babulgaon and thereafter they shifted to Kalamb. Couple alone were residing with each other.
(3.) A burning incident took place inside the house of the couple and deceased Shaila was admitted to the General Hospital at Yavatmal on 27/7/1999. After her burn a requisition on 27/7/1999 itself was given by the police station authority Yavatmal to the Executive Magistrate, Yavatmal for recording dying declaration of Shaila, the injured. The said is at Exh.17. In pursuance to the said requisition the Executive Magistrate Yavatmal reached to the hospital and he recorded her statement, dying declaration was recorded in the intervening night of 27/7/1999 and 28/7/1999. The dying declaration is at Exh.19. During the period of her treatment unfortunately Shaila succumbed to her burn injuries. The death report of hers is at Exh.20. Her death was informed to P.S. Yavatmal by the medical officer through ward boy . On receipt of the information about the death an accidental death under Section 174 of Cr.P.C. was registered vide A.D. No. 0/99. The inquest was conducted on the dead body of Shaila by police station authority Yavatmal and inquest report is at Exh.23.;

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