Convictions under Section 498-A require reliable evidence beyond reasonable doubt; contradictions in witness testimonies undermine the prosecution's case.

JUDGMENT :

Sandipkumar C. More, J.

1. Both these appeals arise from the same judgment, i.e. judgment and order dated 02/08/2003 passed by the learned First Ad-hoc Additional Sessions Judge, Ahmednagar (hereinafter referred to as “the learned trial Judge”) in Sessions Case No.93 of 2002. The accused in the said case were charged under Sections 302 and 498-A read with Section 34 of the Indian Penal Code (for short, “ IPC ”). The learned trial Judge acquitted both accused of the offence under Section 302 read with , but convicted them for the offence punishable under Section 498 -A read with , sentencing them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,500/- each, with a default clause.

2. Accordingly, the appellants in Criminal Appeal No.544 of 2003 (the original accused) have preferred this appeal challenging their conviction under Section 498 -A read with Section 34 IPC . The State has filed Criminal Appeal No. 664 of 2003 challenging the acquittal of the accused for the offence under Section 302 read with . It is to be noted that original accused No.1 – Shankar Dagdu Gholap, who is appellant No. 1 in Criminal Appeal No.544 of 2003 and respondent No. 1 in Criminal Appeal No.664 of 2003, died during the pendency of the appeals. Consequently, the appeals stand abated as against him.

3. According to the prosecution, Sadu Belkar (PW-4), a resident of Pemdara, has three brothers, including Baban Belkar. Baban Belkar has four daughters and a son. One of his daughters, Savita, is the deceased in the present case. Savita’s marriage was solemnized with original accused No. 1 – Shankar Dagdu Gholap, resident of Nandur Pathar, Taluka Parner, District Ahmednagar. About four months prior to the incident, Savita went to village Nandur Pathar for cohabitation, where she resided with accused No.1 Shankar; his brother Vishwanath and Vishwanath’s wife; and the wife of another brother, Pushpa, i.e., original accused No.2. The husband of accused No.2 Pushpa was working as a porter in Mumbai, but Pushpa herself resided at Nandur Pathar.

During the first year of marriage, Savita cohabited peacefully with her husband. However, thereafter, both the accused allegedly started ill-treating and beating her, as Savita objected to their illicit relationship. According to the prosecution, both accused would also deprive Savita of food. Whenever Savita visited her parental home, she used to inform her family members about the said ill- treatment. Due to the continued harassment by both accused, Savita was compelled to reside at her father’s house in village Pemdara, where she stayed for more than one year.

Subsequently, both the accused, along with their relative Balkrishna Choudhari, visited her parental home. Though the informant and other family members were reluctant to send Savita back with the accused, Balkrishna Choudhari assured them that she would be treated properly. Relying on this assurance, Savita was sent back to her matrimonial home.

However, about 10 to 15 days thereafter, i.e. on 31/05/2002, one Shekhar Jejurkar from village Nandur Pathar came to village Pemdara and informed the informant that Savita had sustained burn injuries & requested to accompany with him.Consequently,the informant Sadu Belkar, along with his wife Chandrabhaga, his niece Kondabai Belkar, his son Balu, and their relative Dilip, proceeded to Nandur Pathar.

Upon reaching Savita’s matrimonial house, they found her in a completely burnt state, though she was still conscious and speaking. No one else was present in the house. Savita identified the informant and the accompanying relatives and asked for water. The informant, Sadu Belkar, gave her water and inquired how she had sustained the burns. Savita informed him that her husband (accused No. 1) and accused No. 2 had tied her hands with a rope, poured kerosene over her body and set her ablaze. After making this disclosure, Savita succumbed to her burn injuries at about 4:00 p.m. in her