The prosecution must prove the elements of the offence beyond a reasonable doubt in order to secure a conviction.

JUDGMENT - R.G. DESHPANDE, J.:---This appeal is filed by the original accused No. 1 Dagadu Shankar Todmal, against the judgement and order, dated 5-1-1995, passed by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No.345 of 1994, whereby, the learned Additional Sessions Judge found the appellant accused guilty of the offence punishable under section 498-A of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- in default, to undergo rigorous imprisonment for nine months and further found him guilty for the offence punishable under section 307 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- and, in default, to suffer rigorous imprisonment for 1½ years. Along with the original accused No. 1 present appellant, his mother Kausalyabai original accused No. 2 was also tried for the offences referred to above, however, the learned Additional Sessions Judge found the evidence on record short to convict the original accused No. 2 and, therefore, she is acquitted of the offences charged with.

2.The facts of the case in nut-shell can be narrated as under :-

Original complainant Vandana, who happens to be P.W. 3 in the present matter, was married to the accused No.1 Dagadu on 31-3-1994, whereafter, she resided with her husband and her in-laws, including the original accused No. 2 her mother-in-law. It is the case of the prosecution that matrimonial residential house of the complainant is situated at Mhaske Chawl, Jeur, which is just at a distance of 1½ kms. from the house of the accused No.1 i.e. at village Todmalwadi.

3.The prosecution story further proceeds by narrating that some time after the marriage of Vandana she had gone to her maternal aunt's house to attend the marriage and thereafter, she came to her parent's house. On the next day morning, according to the prosecution story, she went to the house of her husband. However, at that time she had forgotten one of her sarees at her parent's house which is said to have been an excuse for the husband to get enraged on Vandana by saying that she must have sold the said saree to somebody. On this accusation, he also beat Vandana on that day. It is the case of the prosecution that Vandana was being ill-treated on various grounds, including that she was not able to cook the food well and further that she was getting fat.

4.The prosecution story mainly centres around specific allegation that at the time of marriage of Vandana with the accused No.1 Dagadu, it was agreed that by way of dowry Rs. 11,000/- would be paid to the accused, out of which Rs. 6,000/- were already paid and Rs. 5,000/- remained to be paid, because of which, according to the prosecution Vandana was being ill-treated.

5.On the fateful day i.e. on 30-6-1994, at about 9.30 a.m. Vandana had cleaned the house and at that time accused was present in the house. Accused again repeated his demand of Rs. 5,000/- which were not paid to him and therefore, he called for the explanation from Vandana as to why she did not bring the same from her father. On this pretext, he also beat her. Vandana replied that her parents were poor and it was difficult for them to make the payment of remaining Rs. 5,000/-. Thereafter, the prosecution story narrates that, Vandana was cooking food. At that time, the accused No.1 poured kerosene on her person and set her on fire. According to the prosecution, the accused No. 2 at that time was present in the house. Vandana caught fire, sustained burn injuries and she ran out of the house shouting. The neighbours gathered and extinguished the fire. Message was given to Raosaheb brother of Vandana, who came on the spot and took her in a jeep to Ahmednagar, where she was admitted in Dr. Tholar's Hospital. Vandana had sustained burn injuries on her chest, back and on legs. She was treated in Dr. Tholar's Hospital and hospital authorities informed to M.I.

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