The main legal point established in the judgment is the requirement of specific allegations, mens-rea, and instigation for the charges of cruelty and abetment under Sections 498A and 306 of the IPC.

JUDGMENT

Sandeep K Shinde, J. - It is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 preferred by accused nos.1,2 and 3 against the conviction recorded under Sections 498A, 306 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short) in Sessions Case No.190 of 1997 by the IVth Additional Sessions Judge, Solapur and sentenced as under:

. Accused no.1 Mainabai (mother-in-law) to suffer rigorous imprisonment for one year and fine of Rs.10,000/- in default, to suffer rigorous imprisonment for one month, on each count;

. Accused no.2 Vijayashree (Sister-in-law) to suffer simple imprisonment till rising of the Court and to pay a fine of Rs.5,000/- in default, to suffer rigorous imprisonment for eight days on each count;

. Accused No.3 Gunwant (father-in-law) to suffer rigorous imprisonment for one year

and to pay fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for one month on each count.

2. Pending appeal, appellant no.3 Gunwant (Father-in-law) has passed away. Thus, appeal abates under Section 394(1) of the Code of Criminal Procedure, 1973.

3. Prosecution case in brief is that Sonali (Deceased) sustained burn injuries on 25th March, 1997 in self-immolation, due to alleged annoyance and verbal abuses caused to her, by in-laws; appellant no.1, mother in-law; no.2, sister-in-law and no.3 father-in-law (now deceased). Sonali, succumbed to burn injuries on the next day in the hospital. Autopsy surgeon opined, cause of death was 'shock due to burns'. Sonali had suffered 85%e burns. Soon after the alleged incident Sonali was shifted to hospital by her husband. At the relevant time, she was pregnant. While taking treatment, her statement was recorded by the headconstable and thereupon the Crime No.13 of 1997 was registered against the in-laws under Section 498A of the IPC. On the same day, at around 10.20 a.m. Executive Magistrate, Nayab-Tehsildar recorded her statement only after Sonali's health condition was found stable. The prosecution has to a large extent relied on Exhibit 43 (statement recorded by Headconstable) and Exhibit 49 (statement recorded by Executive Magistrate) as her dying declarations. Sonali succumbed to the injuries on 29th March, 1997 and whereupon offences under Section 306 of the IPC were registered against the accused. The learned Trial Judge after perusing the fnal report framed the charge under Section 498A, 306 of the IPC. Prosecution adduced the evidence of Sonali's father and relied on two dying declarations as aforesaid. The learned Trial Court upon appreciating the evidence, convicted the accused for the offences punishable under Sections 498A and 306 read with Section 34 of the IPC and sentenced accused no.1, accused no.2 (sister in law) and accused no.3 (father-in-law) now deceased, as aforesaid. All sentences were directed to run concurrently. The learned Trial Court directed that on realization of fine of Rs.25,000/-, the same be paid to Sonali's father (PW 2) for depositing the said amount in fxed deposit in the name of Sonali's son Abhijit for the period of ten years towards the compensation as per Section 357 of the Cr.P.C.

4. It is against the conviction and sentence, this appeal is preferred.

5. I have perused the two dying declarations; one at Exhibit 43 and another at Exhibit 49. Also perused the evidence of Executive Magistrate (P.W.8) and the evidence of Sonali's father (P.W.2). Evidence of P.W.2 corroborates dying declarations. Sonali, in her statement to the Executive Magistrate, alleged that the accused were annoying and pestering her to bring money from her parents. It is clearly seen from her dying declarations that she committed self-immolation, because her in-laws were not consulting doctor/hospital for treatment though at the relevant time, she was pregnant.

. Thus, the question that falls for my consideration is, "whether prosecution has proved beyond reasonable doubt that the cruelty or harassment caused by inlaws, forced Sonali, to cause