BAPU Vs. STATE OF MAHARASHTRA
LAWS(SC)-2006-11-108
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on November 16,2006

BAPU Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

BABU LAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
NARAIN SINGH VS. STATE OF HARYANA [REFERRED TO]
RAVI VS. STATE [REFERRED TO]
MUTHU KUTTY VS. STATE [REFERRED TO]



Cited Judgements :-

MANI @ MANIKANDAN VS. STATE [LAWS(MAD)-2019-4-978] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. DHARAM SINGH [LAWS(HPH)-2015-2-19] [REFERRED TO]
SASI KUMAR @ SASI VS. STATE OF KERALA [LAWS(KER)-2014-4-25] [REFERRED TO]
MOHAMMAD MUBEEN VS. STATE OF M P [LAWS(MPH)-2012-3-17] [REFERRED TO]
REENA W/O KAILASH GUNJAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-8-45] [REFERRED TO]
SAU. REENA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-8-210] [REFERRED TO]
KAMREJ VS. STATE OF UTTARAKHAND [LAWS(ALL)-2008-4-51] [REFERRED TO]
KARIM ADAMBHAI CHAMADIYA VS. STATE OF GUJARAT [LAWS(GJH)-2008-12-17] [REFERRED TO]
LAHU RAMCHANDRA BANDPATTE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-8-51] [REFERRED TO]
USHA RANI VS. STATE (DELHI ADMN.) [LAWS(DLH)-2009-7-412] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. PAWAN KUMAR S/O HAZARA RAM [LAWS(HPH)-2011-12-334] [REFERRED]
STATE OF HIMACHAL PRADESH VS. PARMA RAM @ PREM SINGH [LAWS(HPH)-2011-10-13] [REFERRED TO]
PREMPAL VS. STATE OF HARYANA [LAWS(SC)-2014-9-10] [REFERRED TO]


JUDGEMENT

- (1.)This appeal has been filed against the impugned judgment dated 17.10.2003 of the Bombay High Court (Aurangabad Bench). By that Judgment the High Court has upheld the conviction of the appellant by the Second Additional Session Judge, Jalgaon by its judgment dated 24.8.1998, finding the appellant guilty of an offence under Section 302 Indian Penal Code, 1860. and awarding him the sentence of life imprisonment and fine of Rs.1, 000/-.
(2.)We have heard the counsel for the parties and perused the record.
The appellant and the deceased Shobhabai were married to each other for about 1= years prior to the incident in question which took place on 21.8.1997 at about 3.00 a.m. According to the prosecution, the deceased Shobhabai was being harassed and treated cruelly by the appellant because a gift by way of 'Mul' was not being paid or given by the parents of the deceased Shobhabai after the marriage, which is a practice in their community, and on that count there was a demand of Rs.10, 000/- by the appellant prior to the incident. It is alleged that the appellant had taken the deceased Shobhabai to the house of her parents and left her there with an understanding that unless she brings Rs.10, 000/- by way of 'Mul', she will not return to her matrimonial home. However, the parents and brother as also the mediator of the marriage of Shobhabai with the appellant, somehow or the other, convinced her and brought her back to the house of the appellant. The brother of the deceased Shobhabai and the mediator also persuaded the accused person that they should not trouble Shobhabai and their demands will be satisfied within a short period. However, within a period of 2-3 days thereafter, the incident in question took place in the night at 3.00 a.m. on 21.8.1997.

(3.)According to the prosecution, in that night, prior to going to bed, the mother of the appellant had abused the deceased Shobhabai on account of not washing and cleaning utensils and also on a suspicion of theft of silver ornaments of the sister-in-law of deceased Shobhabai by the deceased. It is alleged that in the morning at 3.00 a.m. when deceased Shobhabai got up, the appellant quarreled with her and when the deceased came outside the house on a platform, the appellant poured kerosene on her and set her on fire with a matchstick. The villagers gathered and extinguished the fire. Thereafter she was taken to Rural Hospital, Bhadgaon where her dying declarations were recorded initially by the Executive Magistrate in the presence of Dr. Damodar who endorsed it, and later by Police Head Constable PW6 Yanushka Tadavi in the presence of PW8 Lata Patil and the doctor (who endorsed it), in which Shobhabai named the appellant as the culprit. Thereafter she was shifted from Rural Hospital, Bhadgaon to Civil Hospital, Jalgaon where also she made dying declaration to her mother Reshmabai PW2, her brother Suresh PW3 and her cousin Dattatreya PW4, in which also she implicated the appellant. She succumbed to her burn injuries on 22.8.1997 at about 9.30 a.m.


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