- (1.) The present appeal is filed by the appellants-accused against judgment and order passed by the High Court of Judicature at Bombay (Aurangabad Bench) on December 20, 2005 in Criminal Appeal No. 321 of 2005 convicting them for offences punishable under Sections 302 and 342 read with Section 34 of the Indian Penal Code (IPC). The High Court, by the impugned judgment, partly confirmed the order passed by the Third Ad-hoc Additional Sessions Judge, Ahmednagar on April 16, 2005 in Sessions Case No. 92 of 2001.
(2.) The case of the prosecution was that deceased Rekha was given in marriage by PW 1 Laxmn Pingale to accused No. 1 Vikas Vayse. Accused No. 2 was brother of Vikas and brother- in-law of deceased Rekha. The marriage was solemnized in or about 1997-98 before 3 to 4 years of the incident in question. According to the prosecution, the accused demanded dowry and there was some dispute even at the time of betrothal ceremony which was locally known as "Sakharpuda". After the marriage, Rekha went to her matrimonial home at Khandvi. For few months, the marriage relations went on well. Thereafter, however, all the accused started demanding money towards dowry. They used to harass and beat Rekha. Rekha could not satisfy the demand of the accused due to poverty of her parents. She complained to her parents about ill-treatment shown by the accused whenever she had visited to parental home. Though accused No. 2 Prakash was serving at Pune, frequently he was coming to Khandvi and staying with other accused. He used to abuse deceased Rekha and instigate accused persons to give ill-treatment to Rekha. Meanwhile accused came to know that father of Rekha had sold his land for Rs. one lakh. They, therefore, repeated demand of dowry and continued giving more trouble to her. Rekha also gave birth to two children; (i) Varsha-daughter, and (ii) Yogesh-son.
(3.) On the fateful day, i.e. on May 16, 2001, at about 11.00 a.m., accused No.1, husband of Rekha started quarrelling with the deceased. Accused Nos. 3 and 4, parents of accused No. 1 also participated in the quarrel. All of them, according to the prosecution, poured kerosene on the person of Rekha; accused Vikas ignited match-stick and set Rekha on fire. All the accused then closed the door from outside and ran away. Rekha cried for help. On hearing the shouts, neighbours reached the place, opened the door, poured water on her, extinguished the fire and took her to the hospital. Dying declarations were recorded by Ramchandra Ganpat Dimale, Special Judicial Magistrate as also by PSI Bapu Yashwant Kale on May 17 and 18, 2001 respectively. Rekha died on June 1, 2001. After registration of offence being Crime No. 80 of 2001, investigation was carried out by PSI Kale. On completion of investigation, charge-sheet was filed in the Court of Judicial Magistrate, First Class, Karjat and the case was committed to the Court of Session.;