IMPORTANT POINT
When a young girl in early twenties ends her life with 100 % burns within 8 months of her marriage due to ill treatment, beating and demands made by mother-in-law, conviction of mother-in-law is justified.

JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is filed by accused No.1 against the final judgment and order dated 30.11.2010 passed by the High Court of Judicature at Mumbai in Criminal Appeal No. 145 of 1991 which arose from the judgment and order dated 26.02.1991 passed by the 5th Additional Sessions Judge at Kolhapur in Sessions Case No. 106 of 1990 convicting accused Nos. 1 & 2 for the offences punishable under Section 498A and Section 304-B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced them to suffer simple imprisonment for one year and to pay a fine of Rs.1000/-under Section 498-A read with Section 34 IPC with default clause and to undergo simple imprisonment for 7 years under Section 304-B/34 IPC. By impugned judgment, the High Court dismissed the appeal in respect of the present appellant–accused No.1 and allowed the appeal in respect of accused No.2 by acquitting her of the charges.

2. Facts of the case need mention in brief to appreciate the issue involved in this appeal.

3. Krishnabai (deceased) was the daughter of Malu (PW-1) and Bhagwan Dhavele. She was married to one Hanmant Taralkar on 12.05.1989. After marriage, Krishnabai was living with her husband and parents-in-law at Ichalkaranji, a nearby village. The present appellant (accused no. 1) is the mother-in-law of Krishnabai (deceased) whereas (accused no. 2)-Balabai aged around 18 years is her sister-in-law.

4. It is the case of prosecution that the appellant (accused no. 1) and Balabai (accused no. 2) used to constantly treat Krishnabai with cruelty by beating or/and ill-treating her because she had not brought any gold, cash, new clothes etc. with her in marriage and also pressurized her to bring gold, cash, new clothes etc. from her parents. On coming to know of this, Malu (PW-1)-mother of Krishnabai had gone to meet Krishnabai thrice and requested the appellant-accused no.1 to permit Krishnabai to go along with her for few days but she did not allow her to go.

5. However, on 26.2.1990, Gangadhar, father-in-law, took Krishnabai (deceased) to her parents house. On reaching there, Krishnabai started weeping and told her mother (PW-1) about the ill-treatment meted out to her by the appellant-accused No.1 and her sister-in-law (accused No.2) because she did not bring any cash, gold and new clothes in marriage. She also complained that her husband never paid any attention to such behavior of his mother-the appellant and sister towards her. On 03.03.1990, Malu (PW-1) and the neighbour-Amirbi (PW-2) took Krishnabai to her husband's place. On reaching there, the appellant herein started quarreling with them and began to beat Krishnabai with ‘chappal’. On seeing this, Gangadhar-the appellant's husband intervened and asked her not to beat krishnabai. The appellant did not like the interference made by her husband and pushed him aside. Amirbi also tried to persuade the appellant not to do such things but the appellant did not listen to her. Malu and Amirbai, PWs 1 & 2 respectively, then returned to their village leaving Krishnabai there.

6. On 23.03.1990 after 9.00 p.m., one unknown person came to Malu's house and informed her that Krishnabai is serious. On hearing this news, Malu and some other people immediately left to see Krishnabai. On their reaching there, they found that many people had gathered in front of Krishnabai's house. The door of the room was closed from outside. Sharda-the daughter of accused No.1, opened the door and PW-1– the mother of the deceased went inside the room and saw that Krishnabai was lying dead with burn injuries on her body.

7. Report of the said incident was lodged by Mhalaba, uncle of Krishnabai (deceased) and son-in-law of accused No.1, who too had accompanied Malu that Krishnabai had committed suicide by immolating herself. Thereafter the dead body of the deceased was taken to nearby Hospital where post-mortem examination was conducted. The autopsy surgeon reported that Krishn