- (1.)The appellant is in appeal before us against the judgment of the High Court of Bombay, Bench at Aurangabad in Criminal Appeal No. 52 of 1998, whereby the High Court partly allowed the criminal appeal of the appellant herein and his mother (accused No.2) and thereby confirmed his conviction under Sections 306 and 498A read with Section 34 IPC sentencing him to RI for 3 years and 2 years respectively as awarded by Ld. Sessions Judge, Jalgaon. The High Court in the said appeal maintained the conviction of accused No.2 under the above sections, but reduced the sentence to the period of imprisonment which she had already undergone i.e. 6 months.
(2.)The case of the prosecution was that the deceased Shobha was wife of the appellant herein. Shobha married the appellant on 06.04.1992 at Chalisgaon. Thereafter, she went to reside with the appellant, at his house. However, eight days after the marriage, there was a quarrel as the mother of Shobha did not give proper respect to the mother of the appellant and as per custom she did not touch the feet of mother of the appellant on her first visit. Therefore, appellant used to harass Shobha. In spite of that, Shobha continued to live with the appellant and her in-laws. Sometime later, appellant gave a telephonic call and told PW3- Shivaji Marathe- father of Shobha that they were coming with Shobha and mediators. At that time, the appellant and his mother said Shobha was not doing household work and they wanted divorce while Shobha complained that the appellant used to beat her and he and his mother would ill-treat her. She was unable to live with the appellant and wanted to reside with her parents. Thereafter, Shobha started residing with her parents. At that time, Shobha complained that the appellant and her mother-in-law were demanding golden ring, sewing machine and some other articles and were harassing and beating her for that purpose. Subsequently, Shobha filed maintenance application in the Court. However, there was a compromise which was reduced writing and Shobha then went to the House of the appellant.
(3.)Further, case of the prosecution is that 2 months later, on 26.07.1993, due to continuous ill-treatment, when Shobha was alone in the house, she poured Kerosene oil on her person and set herself on fire. Due to her shouts, the neighbours came there. The appellant and her family were informed, who rushed home and took Shobha in an injured state to Municipal Hospital at Pachora, where statement of Shobha was recorded. Thereafter, Shobha was taken to Civil Hospital, Jalgaon as she had serious injuries.