DEEPAK GUPTA, J - (1.) These appeals by the accused are directed against the judgment of the High Court of Bombay dated 13.10.2010 in Criminal Appeal No. 473 of 1991 whereby the appeal of the State was allowed and the appellants were convicted for offences punishable under Section 302/498A of Indian Penal Code ('IPC for short) read with Section 34 of IPC and were sentenced to undergo imprisonment for life.
(2.) Briefly stated the facts are that the Appellant No. 2, Tarabai Dhanaji Dhaigude is the sister of the Appellant No. 1, Sampat Babso Kale. Appellant No. 1, was married to Sharada Sampat Kale on 25.04.1987. After residing for about one year at Thergaon, Chinchwad, they shifted to a quarter in MIDC Colony, Chinchwad. Sharada died of burn injuries suffered during the night intervening 08.07.1989 and 09.07.1989 in the wee hours of the morning of 09.07.1989. It is also not disputed that on the date of the occurrence, the Appellant No. 2 had come to stay at the house of her brother i.e. the Appellant No. 1. Burn injuries were to the extent of 98%. Sharada made two dying declarations - the first was in the nature of the information given to Dr. Sanjeev Chibbar (PW-5), who had attended upon her when she was admitted to the hospital and the second was a formal dying declaration made to Mr. Kamlakar Adhav, Special Judicial Magistrate, Pune (PW-2).
(3.) The prosecution story is that relations between husband and wife were cordial for about one and a half years. Thereafter, Appellant No. 1 started ill treating his wife since she could not conceive. It is also alleged that, in fact, he wanted to marry again even when Sharada was alive. For this reason, he and his sister had with common intention poured kerosene on Sharada and set her on fire.;