Advocates:
['PUBLIC PROSECUTOR', 'SHRI UDAY WARUNJIKAR', '', 'FOR R NOS TO', 'NOTE OF APPEARANCE FILED']

Judgment.Cr.Apeal.14.2003.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 14 OF 2003

The State of Maharashtra

Appellant

(Orig. Complainant)

Versus

1.

Sanjaykumar Bajirao Jadhav,

30 yrs.,

2.

Ramrao Bajirao Jadhav,

27 yrs,

3.

Jaiprakash Maruti Jadhav,

41 yrs,

4.

Bajirao Tukaram Jadhav,

56 yrs,

5.

Tarubai Bajirao Jadhav,

56 yrs

All R/o. Nilam, Tal. & Dist.

Satara.

Respondents

(Orig Accused)

***

Mr. Arfan Sait, APP for Appellant – State.

Dr. Uday Varunjikar for Respondents.

***

CORAM : PRASANNA B. VARALE &

S.M. MODAK, JJ.

DATED

: JANUARY 21, 2021.

JUDGMENT (PER PRASANNA B. VARALE, J)

1.

Being aggrieved by the judgment and order passed by the

Umesh Malani

PAGE 1 OF 19

Judgment.Cr.Apeal.14.2003.doc

learned IV Additional Sessions Judge, Satara in Sessions Case No.

87/2000, dated 08.02.2002, whereby respondents herein (Original

Accused) was acquitted of the charge for committing offences punishable

under Sections 306, 304-B, 498-A read with Section 34 of Indian Penal

Code (for short “IPC”), the present Criminal Appeal is preferred by the

Appellant – State of Maharashtra.

2.

At the outset, we may state here that Respondent Nos. 2, 3

and 5 are expired during pendency of the Appeal as such, Appeal abates

against these Respondents.

3.

It is the case of the prosecution that on 27.10.1999 at about

08.30 pm Sou. Archana Sanjay Jadhav (deceased) wife of accused no.1,

sister-in-law of accused no. 2, cousin sister-in-law of accused no. 3,

daughter-in-law of accused no. 4 and accused no. 5 committed suicide by

setting herself ablaze. Archana received 95% burns. The accused person

with a common intention mentally and physically ill-treated and harassed

Archana on account of her failure to bring Rs. 50,000/- form her parents.

The accused persons were keeping Archana starved alleging that she was

unable to cook food properly. It was further case of prosecution that the

Umesh Malani

PAGE 2 OF 19

Judgment.Cr.Apeal.14.2003.doc

constant ill-treatment and harassment by the accused persons on account

of demand of money prompted Archana to take extreme step of

committing suicide. It was also the case of prosecution that death of

Archana occurred within 7 years of her matrimonial life. The complaint

came to be lodged at the instance of Arvind Dhumal (PW 2) father of

Archana on 21.11.1999.

4.

In the complaint Arvind stated about his family background,

solemnizing marriage of Archana and accused no. 1 – Sanjaykumar, the

demand made by the accused persons, ill-treatment and harassment

caused to Archana. An information was received by Arvind father of

Archana on 27.10.1999 at about 12.30 midnight through one Ramrao

and Prakash brother-in-law and cousin brother-in-law of Archana

respectively that Archana is subjected to fire / burns and she was

admitted in the Civil Hospital at Satara. The parents of Archana i.e.

father and mother immediately rushed to Hospital at Satara. Then he

stated about oral statement made by Archana which was treated as oral

dying declaration. Archana succumbed to burn injuries on 29.10.1999.

Her last rituals were performed at village Niman and as the father was

under depression as such he had not lodged the complaint for sometime

Umesh Malani

PAGE 3 OF 19

Judgment.Cr.Apeal.14.2003.doc

and forwarded written complaint through postal communication to

Borgaon Police Station. Then his statement was recorded on 21.11.1999

at Borgaon Police Station. An offence was registered vide Crime No.

162/1999. Devdas Shinde – PSI took over the investigation and recorded

the statement of Alka Arvind Dhumal (PW 3) and Vithal Dhumal (PW

4). Necessary steps such as drawing the inquest panchanama, spot

panchanama were also taken by investigating officer and on completion

of investigation formalities charge-sheet came to be filed in the Court of

CJM, Satara on 21.12.1999. The offences being exclusively triable by the

Court of Sess