Advocates:
['KALE ARVIND S', 'KUNAL KALE', 'COPY SERVED ON PP', '', 'PP']

apeal145.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.145 OF 2015

1. Sainath s/o.Vishwanath Rokade,

Age- 33 Years, Occ-Labour.

2. Babanbai w/o.Vishwanath Rokade,

Age-60 Years, Occ-Household.

Both R/o. Ashoknagar, Nipani Wadgaon,

Tq. Shingnapur, Dist.Ahmednagar

.. APPELLANTS.

VERSUS

The State of Maharashtra,

Through Police Inspector,

City Police Station, Shrirampur.

.. RESPONDENT.

…

Mr.Govind A.Kulkarni, Advocate holding for Mr.Arvind S. Kale and

Mr.Kunal A.Kale, Advocate for the appellants.

Ms.R.P.Gaur, APP for the respondent-State.

…

CORAM : SMT. SADHANA S. JADHAV &

S.G.DIGE, JJ.

DATE : 17.03.2022

JUDGMENT [Per : 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,

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apeal145.2015

Shrirampur, District Ahmednagar vide judgment and order dated 5^th

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 3^rd 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 3^rd 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

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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 4^th 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 3^rd 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 7^th 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 3^rd March, 2012 at

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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 re