V. R. Kingaonkar, J. - (1.)This appeal is directed against order of acquittal recorded by learned Addl. Sessions Judge, Parbhani, in Sessions Case No. 157/1993 for offence punishable under sections 498-A and 306 of the Indian penal Code.
(2.)The alleged incident occurred on July 4th, 1993 in tenanted premises situated in Ambedkar locality of Parbhani. The respondent was occupying first floor of the house owned by one Shri Chonde, who is employed in M. S. R. T. C. , as a tenant. He used to reside there with his wife-deceased Sheelabai @ laxmibai. The couple was blessed with a minor son by name Swapnil. The marriage had taken place about five years prior to the incident.
(3.)Briefly stated, the prosecution case is that the respondent used to ill-treat the deceased wife. She was subjected to cruelty and was being harassed for one or another reason. In the morning of July 4th, 1993, the respondent told the wife that he wanted to marry daughter of a neighbour, who belonged to fisherman's community (Koli). On earlier 2-3 occasions, he had brought that woman to his house. The respondent asked the wife to allow him to marry that woman. She did not approve such a request and told him that when she was the wife available in the house, how could he think of second marriage. Thereupon, there took place verbal altercation between the spouses. The respondent left the house around 11. 00 a. m. , leaving deceased Sheelabai @ Laxmilbai alone. She was fed up with the harassment of the husband and his insistence: for the second marriage. As a result of such cruel treatment and the persistent demand for allowing second marriage by the husband, she doused herself with kerosene and immolated herself by setting fire with a lighted matchstick. Soon she was engulfed by flames of fire and received 100% burn injuries. She was rushed to the Civil Hospital, parbhani, by some neighbours.