Digitally signed by

2026:BHC-AS:10876 CHITRA CHITRA SANJAY SANJAY SONAWANE SONAWANE Date:

2026.03.05 20:21:42 +0530 Chitra Sonawane. 3-apeal-868-2006.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 868 of 2006 The State of Maharashtra (Through Kalwa Police Station) … Appellant Versus

1. Madhukar Nana Ghadge Age 52 years

2. Avantika Madhukar Ghadge Age 40 years

3. Kalpana Madhukar Ghadge Age 20 years.

All R/o. Opp. K R Steel Company Gopalnagar, Kalwa, Thane. 4. Asarabai Shivram Bankar Age 65 years, R/o. Opp. K R Steel Company, Gopalnagar, Kalwa, Thane.

Original R/o. Navimali Chichore Post Wadala, Tal. Nevasa Dist. Ahmednagar … Respondents ----

Ms A A Deshmukh, APP, for the Appellant / State.

Mr Siddharth Gharat i/b Mr Nitin Sejpal and Mrs Pooja Sejpal, for the Respondents.

----

Coram: R.N. Laddha, J.

Date: 5 March 2026 Judgment :

By the present appeal, the appellant/ State seeks to assail the judgment and order dated 18 April 2006 passed by the learned Additional Sessions Judge, Thane, in Sessions Case No.68 of 2005, whereby the respondents/accused came to be acquitted of the offences punishable under Sections 498A and

306 read with 34 of the Indian Penal Code (IPC).

2. The prosecution case, in brief, is that the deceased, Nirmala, was married to Vikas Ghadge on 25 March 2003 and thereafter began residing with her husband and the present respondents at her matrimonial home. At the time of the marriage, the parents of the deceased presented certain gold ornaments and household articles in accordance with prevailing social customs. The prosecution alleges that the accused persons were dissatisfied with the articles so given and, on that account, subjected the deceased to repeated taunts and mental harassment, contending that she had not brought additional articles such as a mixer, mattress and other household goods. It is further alleged that the accused persistently pressurised the deceased to procure money and additional articles from her parental home.

3. According to the prosecution, on 9 December 2004 the deceased telephoned her mother, Indumati, requesting her to visit the matrimonial home. When Indumati arrived, the deceased is stated to have informed her that her in-laws frequently taunted her by remarking that Vikas would have received a larger dowry had he married another woman. The prosecution contends that such remarks caused the deceased considerable mental distress and anguish.

4. On the following day, the deceased sustained extensive burn injuries and was admitted to Shivaji Hospital for treatment. It is alleged that she informed her mother that, following a quarrel with the accused regarding money, she poured kerosene upon herself and set herself on fire. The deceased had suffered approximately 87 per cent burn injuries and survived for about five days thereafter. During this period, several statements came to be recorded. A dying declaration was first recorded on 10 December 2004. Thereafter, further statements were recorded on 14 December 2004 by a Special Executive Officer and by PSI Nikumbh after medical certification regarding her fitness to make such statements. The latter statement was recorded after the mother of the deceased alleged that the earlier statement had been made under pressure from the accused.

5. Subsequently, on 15 December 2004, a formal complaint was lodged for the offence punishable under Section 498-A read with 34 of the IPC. Upon the death of the deceased on 16 December 2004, the offence punishable under Section 306 of the IPC came to be added.

6. Upon completion of investigation, a charge-sheet was filed against the accused. The respondents denied the allegations and claimed to be tried. In order to substantiate its case, the prosecution examined eleven witnesses, including Balkrishna, the father of the deceased (PW-1); Rangnath, the uncle of the deceased (PW-2); Indumati Garud, the mother of the deceased and the complainant (PW-3); Shraddha Shrikrishna G