MOTIRAM MANOHAR PHAD AND ANOTHER Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-11-419
HIGH COURT OF BOMBAY
Decided on November 17,2017

Motiram Manohar Phad And Another Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

Sangitrao S. Patil, J. - (1.) The appellants have taken exception to the judgment and order dated 17th August, 2006, passed in Sessions Case No.97 of 2004 by the learned 1st Ad hoc Additional Sessions Judge, Ambejogai, whereby they have been convicted and sentenced for the offences punishable under Sections 302 and 498-A read with Section 34 of the Indian Penal Code (' IPC' , for short).
(2.) Appellant No.1 is the husband, while appellant No.2 is the mother-in-law of the deceased namely Balika. The marriage of appellant No.1 and the deceased Balika was performed before about one year of the incident that took place on 12th May, 2004.
(3.) It is alleged that the deceased Balika did not conceive child even after one year of the marriage and therefore, the appellants started ill-treating her. On 12th may, 2004 at about 6.00 p.m., the deceased Balika was taking out grains from a gunny bag for being grinded on the say of appellant No.2. Both the appellants closed the door of the house from inside, poured kerosene on her person and appellant No.1 set her on fire by means of a burning matchstick. The deceased Balika raised shouts and tried to run away. She sustained serious burn injuries. The appellants then tried to make a show of extinguishing fire from her person. One Surekha Namdeo Phad, Aasubai Laxman Phad and others rushed to the husband of the appellants. They extinguished the fire. The mother, cousin-brother-in-law and cousin-maternal uncle of the deceased Balika took her to the Civil Hospital at Ambejogai and admitted her there for treatment.;


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