2025:BHC-NAG:9586-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 192 OF 2010 Smt. Vimalbai W/o Vitthal Dhavne Aged about 60 Yrs., Occ. Nil, R/o. Deulgaon, Sakarsha, Tah. Mehkar, Dist. Buldana. APPELLANT Versus The State of Maharashtra, Thr. P.S.O., P.S. Mehkar, Dist. Buldana. RESPONDENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Mr. R.M. Daga, Advocate a/w Ms. Titiksha Chhajad, Advocate for the Appellant.

Mr. N.H. Joshi, APP for the Respondent/State.

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CORAM : URMILA JOSHI PHALKE AND NANDESH S. DESHPANDE, JJ.

RESERVED ON : 08^th SEPTEMBER, 2025.

PRONOUNCED ON : 22^nd SEPTEMBER 2025.

ORAL JUDGMENT :- ( PER : URMILA JOSHI PHALKE , J.)

1. This Appeal is directed against the judgment and order of sentence passed in Sessions Case No.89/2008 dated

08.03.2010 by Additional Sessions Judge, Buldhana convicting the accused Vimalbai Vitthal Dhavne of the offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment to life and to pay fine Rs.5,000/- in default to suffer simple imprisonment for three months.

2. Brief facts of the prosecution case emerges from the Police papers and recorded evidence are as under:

2(i). Deceased Mangala daughter of Smt.Anusaya Jagannath Thorat/Informant got married prior to 3 months of her death. After marriage, she resumed cohabitation with the husband Anil, present accused Vimalbai who is her mother-in- law, sister-in-law/Manisha and other family members at Deulgaon Sakarsha. On 03.06.2008, she came to Risod at the house of her mother and disclosed that her mother-in-law and sister-in-law used to harass her by quarrelling with her on petty reasons. It was further disclosed that her husband Anil beat her by demanding Rs.30,000/- from her parents house. She was not ready to resume cohabitation, however she went back on 10.06.2008. On 11.06.2008, the Informant has received phone call at about 01.00 p.m., disclosing that her daughter sustained burn injuries and admitted in Hospital at Akola. Therefore, they rushed to Akola. The statement of injured Mangala was recorded by the Executive Magistrate. On the basis of the oral report by Anusaya Crime No.46/2008 came to be registered at Janefal Police Station.

2(ii). After registration of the crime, the Investigating Officer visited the alleged spot of incident and drawn spot panchnama. He has deputed PW-4/Devanand Bagade for recording the statement. The statement of deceased was also recorded by PW-8-Naib Tahsildar/Sanjay Markal. During treatment, the deceased succumbed to death. On 15.06.2008, her Post Mortem notes were collected. The cause of death was due to 100% burn injuries. The incriminating articles seized at the time of spot panchnama. Clothes of the deceased were forwarded to CA. After completion of the investigation, the charge-sheet was filed against the accused and other co-accused.

2(iii). As the offence registered under Section 302 of the IPC, which is exclusively triable by the Court of Sessions, learned Magistrate committed the case to the Court of Sessions.

The charge was framed against the accused vide Exh.46A. The contents of the charge were read over to the accused. She pleaded not guilty and claimed to be tried. In support of the prosecution case, the prosecution has examined in all 8 witnesses, as follows:

(i) PW-1 Devidas Yashwant Exh.67 Panch on Spot Wankhede- Panchnama.

(ii) PW-2 Anusaya Jagannath Exh.70 Mother of the Thorat deceased and the Informant.

(iii) PW-3 Datta madhukar Sarode Exh.71 ….

(iv) PW-4 Devanand Somanand Exh.75 PSI who recorded Bagade the dying declaration (v) PW-5 Balchandra Baburao Exh.78 A.C.P.

Salunke (vi) PW-6 Sudhakar Kaluji Ingle Exh.81 Investigating Officer.

(vii) PW-7 Dr. Pallavi Rajendra Exh.86 Medical Officer.

Dhawale (viii) PW-8 Sanjay Shriram Markal Exh.90 Executive Magistrate who recorded dying declaration.

2(iv). Besi