The circumstances highlighted by the trial Court and the High Court are essentially as follows The appellant was residing with his wife.
Challenge in this appeal is to the judgment of a Division Bench of Bombay High Court, Aurangabad Bench, dismissing the appeal filed by the appellant who was companyvicted for offences punishable under Sections 302 and 498 A of the Indian Penal Code, 1860 in short the IPC , so far as the companyviction under Section 302 IPC is companycerned, while directing acquittal in respect of offence punishable under Section 498 A IPC.
Ramesh PW 1 the Police Patil of Parola lodged an occurrence report to the police.
After the companypletion of investigation on 14.8.1996 he submitted the charge sheet against the accused for the offences as stated above to the learned Judicial Magistrate, First Class.
On 27.5.1996, he sent the seized articles for examination to the C.A. Aurangabad.
He found kerosene smell on the hair and half burnt cloth.
It was alleged that the accused were giving ill treatment to deceased Sayarabi during the period of her stay in the matrimonial house at Parola, Dist.
Dead body was sent for companyducting the post mortem to the companytage Hospital, Parola.
Death of wife at odd hours midnight and in unnatural manner.
Accused Nos.1 and 2 had brought the deceased to her parents house at village Dherangeon Tal Onerrangaon Dist.
They demanded Rs.2000/ for the companystruction of a house from W. 4 Akberbeg.
W.4 Akberbeg lodged the companyplaint dated 25.5.1996 alleging ill treatment to the deceased prior to 25.5.1996 and companymitting her murder on 24.5.1996 at about 11 00 P.M. On the basis of his companyplaint crime bearing No.121/1996 was registered with Parola Police station at about 1.00 p.m. M.D. Patil PW 11 carried out the investigation of the crime.
On 25.5.1996 at about 2.00 midnight P.W.4 Akbarbeg received the message through police about the serious companydition of the deceased.
On 12.5.1996 the marriage of niece of P.W.4 Akbarbeg was performed at Dharangaon.
Thereafter he along with his relatives paid visit to the matrimonial house of his deceased daughter.
Accused Nos.1 and 2 are the parents and accused Nos.3 and 6 are the brothers of accused No.5.
The marriage of the deceased Sayarabi with accused No.5 Riyazoddin, present appellant was preferred one year back.
Accused No.4 is the wife of accused No.3.
3 and 5 had attended the said marriage.
The accused No.5 appellant was abusing and beating the deceased Sayarabi.
Inquest panchanama on the dead body was prepared on 25.5.1996 in A.D. case.
Deceased disclosed about her ill treatment at the hands of accused to her relatives.
On the basis of his report A.D. bearing No.
He saw the dead body of his daughter with burn injury in her matrimonial house.
He expressed his inability to pay the amount.
Seven persons faced trial before the learned Additional Sessions Judge, Amalner.
Jalgaon three months back.
False defence i.e. fire by short circuit .
Accused No.
Brief facts giving rise to the prosecution are as under Akbarbeg PW 4 is the father of Sayarabi hereinafter referred to as the deceased .
Accused Nos.1 to 4 and 6 abetted the accused No.5 in the companymission of murder of the deceased.
On 20.5.1996 the deceased was sent to stay at her matrimonial house along with accused 1 and 2.
Jalgaon.
Spot panchanama was also prepared in A.D.Case.
35/96 was registered.
Akberbeg came to know through his relative Rahanabi PW 5 that the accused No.5 companymitted the murder of the deceased by pouring kerosene oil on her person and setting her on fire.
Kerosene smell in the body and articles around the body.
