The brother of the deceased Shobhabai and the mediator also persuaded the accused person that they should number trouble Shobhabai and their demands will be satisfied within a short period.
The statement of the deceased was recorded by PW6 Yanushka, Head Constable as per the narration of Shobhabai, whose thumb mark was taken on the statement and it was signed by the PW6 and endorsement of the Medical Officer as well as Latabai Patil were also obtained vide Ext.35.
The accused examined two defence witnesses, namely, DW1 Shivaji Patil and DW2 Appa Shankar Patil, in order to prove the fact that the appellant was number responsible for setting the deceased on fire and that the deceased caught the fire accidentally, and that at the relevant time the accused was sleeping at the threshing floor.
The deceased Shobhabai was initially admitted in Rural Hospital, Bhadgaon where the dying declaration was recorded by the Police as well as the Executive Magistrate.
We have heard the companynsel for the parties and perused the record.
According to Dr. Damodar, who had examined the deceased, she had sustained 88 burns which were deep.
The deceased was thereafter shifted to Civil Hospital, Jalgaon and the deceased repeated her dying declaration before several other persons.
Thereafter she was taken to Rural Hospital, Bhadgaon where her dying declarations were recorded initially by the Executive Magistrate in the presence of Dr. Damodar who endorsed it, and later by Police Head Constable PW6 Yanushka Tadavi in the presence of PW8 Lata Patil and the doctor who endorsed it , in which Shobhabai named the appellant as the culprit.
The evidence on record shows that the incident occurred in the house of the accused appellant.
The villagers gathered and extinguished the fire.
PW9 was a witness on the point of ill treatment meted out to the deceased at the hands of accused and his mother, but he has number supported the prosecution and was declared hostile by the prosecution.
Her mother in law then talked to the appellant, who came to the house and poured kerosene on his wife Shobhabai and set her on fire.
It is alleged that in the morning at 3.00 a.m. when deceased Shobhabai got up, the appellant quarreled with her and when the deceased came outside the house on a platform, the appellant poured kerosene on her and set her on fire with a matchstick.
By that Judgment the High Court has upheld the companyviction of the appellant by the Second Additional Session Judge, Jalgaon by its judgment dated 24.8.1998, finding the appellant guilty of an offence under Section 302 I.P.C. and awarding him the sentence of life imprisonment and fine of Rs.1,000/ .
However, within a period of 2 3 days thereafter, the incident in question took place in the night at 3.00 a.m. on 21.8.1997.
PW11 Mr. Ingale is the P.S.I., who has investigated the crime.
In all these dying declarations, the deceased Shobhabai has stated that it was the appellant who poured kerosene on her and set her on fire by a matchstick and all these dying declarations are companysistent with each other.
However, the parents and brother as also the mediator of the marriage of Shobhabai with the appellant, somehow or the other, companyvinced her and brought her back to the house of the appellant.
PW2 Reshmabai, mother of the deceased, PW3 Suresh, brother of the deceased, PW4 Dattatraya, maternal companysin of the deceased, PW5 Govind Pardeshi, Executive Magistrate at Bhadgaon, PW6 Yanushka, Head Constable at P.S. Bhadgaon, Dr. Damodar PW7, Latabai PW8, Adhikar Shamrao Patil PW10, the mediator in the settlement of the marriage of deceased Shobhabai with the appellant and Dinkar Ingale PW11.
In this dying declaration Shobhabai has stated that there was a quarrel between her and her mother in law about cleaning and washing utensils and suspicion of theft of silver ornaments by the deceased.
PW1 is a witness on the scene of the offence and the recoveries from the said place, while PWs 3 to 8 were examined by the prosecution to prove the dying declarations recorded by Executive Magistrate at Ext.32 and by Police Head Constable at Ext.35.
It is alleged that the appellant had taken the deceased Shobhabai to the house of her parents and left her there with an understanding that unless she brings Rs.10,000/ by way of Mul, she will number return to her matrimonial home.
The appellant and the deceased Shobhabai were married to each other for about 1 years prior to the incident in question which took place on 21.8.1997 at about 3.00 a.m. According to the prosecution, the deceased Shobhabai was being harassed and treated cruelly by the appellant because a gift by way of Mul was number being paid or given by the parents of the deceased Shobhabai after the marriage, which is a practice in their companymunity, and on that companynt there was a demand of Rs.10,000/ by the appellant prior to the incident.
She succumbed to her burn injuries on 22.8.1997 at about 9.30 a.m. In order to prove the guilt of the accused person, the prosecution has examined eleven witnesses viz.,
However, Dr. Damodar has stated that Shobhabai was speaking in an audible voice and it was number true to say that she was number in a position to speak.
MARKANDEY KATJU, J. This appeal has been filed against the impugned judgment dated 17.10.2003 of the Bombay High Court Aurangabad Bench .
Thus the deceased has made her dying declaration before PW2 Reshambai, the mother of the deceased, PW3 Suresh, the brother of the deceased, PW4 Dattatraya, the companysin brother of the deceased, PW5 Govind Pardeshi, the Executive Magistrate, PW6 Yanushka Tadavi, Head Constable in Bhadgaon Police Station, PW7 Dr. Damodar Sonawane, who was attached to Rural Hospital Bhadgaon and PW8 Latabai Patil, who was the President of the Taluka Women Vigilance Committee, Bhadgaon.
Thereafter she was shifted from Rural Hospital, Bhadgaon to Civil Hospital, Jalgaon where also she made dying declaration to her mother Reshmabai PW2, her brother Suresh PW3 and her companysin Dattatreya PW4, in which also she implicated the appellant.
