JUDGMENT :

Smt.Sadhana S. Jadhav, J.:

1. The appellants are convicted for the offences punishable under Sections 302, 498-A r/w. 34 of the Indian Penal Code in Sessions Case No. 48 of 2012 by the Additional Sessions Judge, Shrirampur, District Ahmednagar vide judgment and order dated 5th February, 2015. The appellants are sentenced to suffer Imprisonment for Life and to pay fine of Rs. 5,000/- each i.d. to suffer R.I. for one month each for the offence punishable under section 302 r/w. 34 of the Indian Penal Code. The appellants are sentenced to suffer R.I. for one year and to pay fine of Rs. 5,000/- each i.d. to suffer R.I. for one month each for the offence punishable under section 498A r/w. 34 of the Indian Penal Code. Hence, this appeal.

2] The brief facts necessary for decision of this Appeal are as follows :

On 3rd March, 2012, one Chhaya Sainath Rokade was admitted in Sakhar Kamgar Hospital at Shrirampur with burn injuries. Upon admission, her statement was recorded by a Head Constable of Shrirampur City Police Station. She disclosed that she was working in Ashoknagar Sugar Factory on daily wages. That her husband is working as Sweeper in one Department of the Sugar Factory. That on 3rd March, 2022 at about 12.00 noon she returned home. She was trying to ignite the matchstick to burn the stove for cooking food and at that time, her saree caught fire. She rushed out of the house. Her mother-in-law wrapped her with a blanket, she also poured water on her person to extinguish flames. Thereafter, her husband, her mother-in-law and husband of her sister-in-law had admitted her in Sakhar Kamgar Hospital at Shrirampur. She had sustained burn injuries on her chest, face, both hands, abdomen and other parts of the body. That she did not suspect anybody muchless the members of her family. She had signed the statement as Chhaya Rokade in her own handwriting. The Constable had also taken her thumb mark.

3] On 4th March, 2012, the supplementary statement of the injured Chhaya was recorded by Dy.S.P. Bharat Balayya i.e. PW-6. She disclosed to the police that she was aware that her statement was recorded on 3rd March, 2012, however, she desires to add to the previous statement. She then narrated the following facts : She disclosed that she had studied up to 7th Standard. She is married to appellant in the year 2005. The couple is blessed with two sons, namely, Suraj and Mayur. That she was working in the sugar factory on daily wages. Every day when she returned home from work, her husband abused her as he suspected her character. She had complained about it to her parents. That on 3rd March, 2012 at about 1.00 p.m. when she returned home from work, her husband had expressed that he had doubts whether she would shun her bad habits. Saying so, he poured kerosene on her person and her mother-in-law Babanbai ignited matchstick and set her ablaze. She was admitted in the hospital by her mother-in-law. She also alleged about sexual harassment at the hands of her husband and that she wanted her husband and her mother-in-law to be punished in accordance with law. She is conscious and she is being treated in Sakhar Kamgar Hospital. She had reiterated that her husband had poured kerosene on her person from a bottle. She signed the said statement as "Sunanda Rokade". Her thumb mark was also obtained on the said statement. The injured was shifted to Tholar Hospital on 14th March, 2012.

4] It is pertinent to note that since the injured had stated in her first statement that she had sustained accidental burns, no cognizable offence was registered against any one much less the appellants. On 4th March, 2012 the supplementary statement of the injured was recorded by PSI of Shrirampur City Police Station, on the basis of which, Crime No.I-80 of 2012 was registered at Shrirampur City Police Station for the offences punishable under Section 307, 498-A r/w. 34 of the Indian Penal Code. The cause of death was shown as septicemic shock due to 97% burn injuries.