- (1.)This appeal arises out of an order dated 9th April, 2009 passed by the Aurangabad Bench of the High Court of Judicature at Bombay, whereby Criminal Appeal No. 156 of 2007 filed by the Appellants against their conviction and sentence for offences punishable Under Sections 302, 498-A read with Section 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act has been dismissed. Deceased Varsha Y. Borse got married to Appellant No. 1-Yogesh Sahebrao Borse on 4th March, 2001. The prosecution version is that even when the parents of the deceased-Varsha had given her dowry at the time of her marriage, according to their economic capacity, she was being harassed in her matrimonial house by the Appellants for bringing with her less than what they expected. Apart from other articles, the Appellants were, according to the prosecution, demanding an amount of Rs. 50,000/- in cash which the deceased-Varsha and her parents were unable to arrange. This resulted in her torture and harassment which forced her to leave the matrimonial house to take shelter in her parents' house. Almost two years after Varsha's departure from her matrimonial house Appellant No. 4-Sahebrao Shankar Borse, father-in-la w of the deceased, approached the parents of the deceased with a request to send Varsha back to her matrimonial house. Varsha was accordingly persuaded to go back to her matrimonial house but her harassment for dowry is alleged to have continued even after she resumed co-habitation with her husband.
(2.)On 8th March, 2004, Dhulle Police Station is said to have received information from P.S.O. Sonwane about an incident involving burn injuries to Varsha and asking for appropriate action in the matter including recording of the statement of the injured lady, admitted in the Civil Hospital at Dhulle. P.W. 5-Ramesh Fulpagare accordingly proceeded to the civil hospital and contacted the medical officer, P.W. 8-Dr. Prasad Bhandari, to ascertain the condition of the injured Varsha. The medical officer certified that the injured was in a fit condition to give her statement. P.W. 5-Ramesh Fulpagare accordingly recorded the statement of Varsha, marked Exhibit 84, and registered a case for offences punishable Under Section 307, 498-A read with Section 34 of the Indian Penal Code in Police Station Sindkheda. Further investigation in the case was it appears transferred to P.W. 9-P.I. Nathu Rane, attached to the said police station, who completed the usual formalities at the place of occurrence like collecting evidence like burnt clothes of the deceased and arresting the accused persons. Apart from the statement recorded by P.W. 5-Ramesh Fulpagare, P.W. 6-Kishor Bhoge, the Executive Magistrate, under instruction of the Tehsildar, proceeded to the civil hospital, Dhulle, and recorded the dying declaration of the deceased, Exh. 90. With the demise of injured-Varsha on 9th March, 2004, offence Under Section 302 of the Indian Penal Code was also added to the case and statements of witnesses recorded in the course of the on-going investigation. Post-mortem examination conducted by P.W. 3-Dr. Sandeep Patil revealed that the deceased had died on account of 98% burn injuries suffered by her which were ante-mortem in nature and sufficient, in the ordinary course of nature, to cause death. The burn injuries could be caused by pouring kerosene and setting the Vasrsha ablaze said in the medical report. A challan was eventually filed against the Appellants who pleaded not guilty and were tried in Sessions Case No. 34/2004.
(3.)In support of its version the prosecution examined as many as 9 witnesses while the defence examined 3 witnesses in support of the version given by Appellants. Appellant No. 1-husband of the deceased-Varsha and Appellant No. 4-father-in-law of the deceased claimed that they were not present at the place of incident and at the time the incident is alleged to be taken place. The trial court appreciated the evidence adduced before it and came to the conclusion that the charge of murder framed against the Appellants had been proved by the prosecution. The evidence relied upon, included the dying declarations recorded by the officers concerned. The Appellants were accordingly convicted for the offence of murder punishable Under Section 302 read with Section 34 Indian Penal Code and sentenced to undergo imprisonment for life besides a fine of Rs. 5000/- each. Rigorous imprisonment for a period of two years was awarded to the Appellants for offences punishable Under Sections 3 & 4 of Dowry Prohibition Act besides a fine of Rs. 1000/- on each count. They were also awarded rigorous imprisonment for a period of three years Under Section 498-A read with Section 34 of the Indian Penal Code besides a fine of Rs. 2000/- each.