- (1.) The Present Appeal Is Directed Against The Judgment And order of conviction passed by learned Additional Sessions JudgeI, Amravati in Sessions Trial No.22 of 2013, dated 15th of April, 2014. By the impugned judgment, the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code and was directed to suffer rigorous imprisonment for life and also to pay a fine of Rs.5000/ and in default of payment of fine she was directed to suffer Simple Imprisonment for six months.
(2.) Following Is The Prosecution Case : (a) Jagdish Khanve (PW 5) was attached to Morshi Police Station as a Head Constable. On 18th of October, 2012, an information was received from Morshi SubDistrict Hospital in respect of sustaining burn injuries of one Pranita Moreshwar Sonare and that she was referred to Amravati Hospital. The said information was reduced as Sana Entry No.37 of 2012. (b) Vijay Patil (PW 10), Police Inspector of Morshi Police Station directed Jagdish Khanve (PW 5) to prepare the spot panchanama. Accordingly, Jagdish Khanve reached to the spot of the incident i.e. the house of the appellant. One lady Police Constable was also accompanying with him. After some time, Police Inspector Shri Patil also came to the spot. Two panchas were called on the spot. The spot panchanama (Exh.23) was drawn as per the existing situation. He also carried seizure of the articles lying on the spot of the incident under Seizure Memo (Exh.24). (c) Shri Vijay Patil (PW 10) also directed Shri Sangale (PW 4), ASI, B.No.993 to go to the Irvin Hospital Amravati to record the statement of the victim. Accordingly, Shri Sangale (PW 4) reached to the Irvin Hospital at Amravati. The victim was indoor patient in the Burn Ward No.4. Shri Sangale thereafter gave a memo to the doctor on duty and requested him to give his opinion as to whether the patient is in a condition to give the statement or not. The requisition given by Shri Sangale to doctor is at Exh.28. After obtaining the opinion of the doctor on the same letter that patient is fit to give statement, her statement was recorded, in which she stated that on 18th of October, 2012 at about 6 p.m. her motherinlaw (appellant), blamed her of theft and the husband of the sisterinlaw abused her. Thereafter, the appellant poured kerosene on her and set her ablaze. The statement so recorded by Shri Sangale, ASI, is at Exh.29. (d) Even prior to the recording of the statement by ASI Shri Sangale, Shri Kishor Bagde, Naib Tahsildar, attended the hospital at about 8.45 p.m. on the call from the Irvin Hospital Amravati for recording the statement of patient. He went to the Police Chowky inside the hospital. A Memo (Exh.25) was given to him by the Police to record statement in respect of Pranita Sonare. Thereafter, he sought opinion of the doctor on duty about the fitness of the patient to give the statement. Doctor examined the patient and gave his opinion. Thereafter, Naib Tahsildar Shri Bagde also put some questions to the patient and got himself satisfied that the patient is able to give statement and thereafter he started recording of her statement. According to the statement given to Shri Kishor Bagde, Pranita, the victim, stated that on 18th of October, 2013 when she was at home, her motherinlaw i.e. appellant blamed her of theft and also charged her mother of doing some blackmagic. That time, the husband of her sisterinlaw also abused and thereafter her motherinlaw (appellant) poured kerosene on her person and set her ablaze. The Dying Declaration recorded by Kishor Bagde (PW 3) is at Exh.26B. (e) Shri Subhash Sangale (PW 4) reached to the Police Station Morshi along with the statement recorded by him as well the statement recorded by Shri Bagde. On the basis of the dying declarations, the Crime was registered by Shri Patil, Police Inspector. Subhash Sangale (PW 4) signed the printed FIR as a complainant and it is at Exh.30. The Investigating Officer Shri Patil took the investigative of Crime No.191 of 2012 for the offence punishable under Sections 307, 504 read with Section 34 of the Indian Penal Code. During the treatment, victim Pranita expired. After getting said information, the offence was converted into an offence punishable under Section 302 of the Indian Penal Code. Both the appellants were arrested by the Investigating Officer. The Investigating Officer after completing the investigation found that sufficient material were collected against the accused persons and therefore filed a Chargesheet in the Court of law.
(3.) On Committal Of The Case To The Court Of Sessions, Which was registered as Sessions Trial No.22 of 2013, the learned Additional Sessions Amravati framed a Charge against the present appellant and Sanjay Shahane for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.;