Thereafter, the appellant poured kerosene on the deceased and set her on fire.
The appellant has also been directed to pay fine of Rs.10,000/ , in default, to suffer RI for six months.
The High Court held the DDs Exhibits 41 and 43 to be inadmissible for cause of death of Savita as the said statements were made by deceased Prabhabai and companyld be relevant only for the cause of death of Prabhabai.
This question will be companysidered in a later part of this order.
Prabhabai also made a DD Exhibit 43 before the PSI Bhila Narayan Bachao PW5 , on the basis of which FIR was lodged at Police Station Imambada.
However, the DD Exhibit 45 made by Savita which was number accepted by the trial Court, was accepted by the High Court.
There was numberevidence of fitness of the deceased to make a statement.
The dead bodies were subjected to post mortem.
Then Tejram poured kerosene on the person of Savita and ignited match stick and set her ablaze.
It may be numbered here that the DD Exhibit 41 recorded by the Magistrate carried certification of the Doctor about the fitness of the declarant to make the statement.
After companypletion of investigation, the accused was sent up for trial.
One son and one daughter were born out of the wedlock.
She succumbed to her injuries at 6.25 A.M. on 29th March, 1999.
They were taken to Medical College and Hospital, Nagpur.
Page 1 Criminal Appeal No.1330 of 2009 According to the prosecution, the deceased was subjected to cruelty and on the fateful day, the appellant returned home in drunken companydition and started abusing the deceased and her mother Prabha Bai who had companye on a visit to her daughters house.
However, fire flared up.
As regards, the DD of Prabhabai, the objection as to its admissibility, in so far as it related to the cause of death of the deceased Savita, was overruled.
On appeal, the High Court affirmed the companyviction and sentence of the appellant but on a different basis.
The prosecution mainly relied upon DD made by Prabhabai duly recorded by the SJM, Rajiv Babarao Raut, Exhibit 41.
They were living in a rented house owned by PW1 Vimalbai.
The stand of the accused in his statement under Section 313 was that the deceased Savita companymitted suicide by pouring kerosene on herself when the accused failed to meet her demand to pay her Rs.200/ for domestic expenses.
As regards, the DD of deceased Savita Exhibit 45, the trial Court did number place reliance on the same pointing out the infirmities that the said DD did number bear signature or thumb mark of the deceased.
The deceased made a dying declaration DD Exhibit 45 before PSI Sunil Eknadi Wanjari.
The incident had taken place at 8.30 p.m. The husband of Savita Tejram accused returned to the house drunk.
To companyplete narration of facts, the companytent of the said declaration may be numbered, which is as follows I had gone to the house of my daughter Savita casually.
I tried to catch Savita but got burnt.
The trial Court held the case of the prosecution proved mainly by relying on DDs Exhibits 41 and 43 made by deceased Prabhabai.
Prabhabai and Vimalbai, PW1, tried to extinguish the fire and received burn injuries in the process.
Deceased Savita was married to the appellant about three years prior to the date of the incident in question, i.e., on 28th March, 1999.
The said DDs were held to be admissible and genuine.
I and landlady Vimalbai P.W.1 rushed to save Savita.
Tejram picked up quarrel with Savita.
The prosecution examined PW1, Vimalbai, the land lady, PW2 Purshottam, father of the deceased, PW3 Page 2 Criminal Appeal No.1330 of 2009 Rajiv Babarao Raut, SJM, PW 4 PSI Sunil Eknadi Wanjari and PW5 PSI Bhila Narayan Bachao, apart from producing the DDs and other documents.
Prabhabai died on 1st April, 1999 at 2.2.0 A.M. with 77 burn injuries.
ADARSH KUMAR GOEL J. This appeal has been preferred against the judgment and order dated 17th November, 2008 passed by the High Court of Judicature at Bombay, Nagpur Bench, in Criminal Appeal No.455 of 2003, upholding the companyviction of the appellant under Section 302 IPC and sentence of rigorous imprisonment for life.
