Case Note & Summary
The case concerns the death of Yashodabai, who was married to appellant No. 1 (Sainath Annasaheb Waghchaure) 15 years before the incident. Appellants No. 2 and 3 are her father-in-law and mother-in-law. The couple had two children. The accused allegedly demanded money for marriage of a niece and to redeem a mortgage, and subjected Yashodabai to cruelty. On 22/10/2012, Yashodabai sustained 95% burns in her matrimonial home at Dhupkheda. She was taken to Ghati Hospital, Aurangabad. Her dying declarations were recorded, in which she stated that her husband and father-in-law came home drunk, abused her for not bringing Rs.2,00,000, and while she was preparing tea, her mother-in-law caught her hands, father-in-law poured kerosene, and husband set her on fire. The accused were arrested and charged under Sections 498-A, 504, 302 read with 34 IPC. Yashodabai died on 27/10/2012. After trial, the Additional Sessions Judge, Aurangabad convicted all three accused and sentenced them to rigorous imprisonment for three years for Section 498-A/34, two years for Section 504/34, and life imprisonment for Section 302, with fines and default sentences. The accused appealed to the Bombay High Court. In their defence, they claimed separate residence, denied demands, and contended that Yashodabai committed suicide due to tension caused by a land sale transaction with her brother, and they filed a written statement under Section 313 CrPC. The prosecution relied on the dying declarations, medical evidence, and Chemical Analyser reports. The High Court heard arguments from the accused's advocate, who submitted that the accused never ill-treated the deceased and that the wife of the brother of accused No.1 lived separately, but the judgment text is incomplete and does not contain the High Court's decision.
Issue of Consideration
CRIMINAL APPEAL NO. 791 OF 2014
Case Details
2020 LawText (BOM) (03) 2
Criminal Appeal No. 791 of 2014
T.V. Nalawade, S.M. Gavhane
Mr. R. V. Gore for the accused; Mrs. V. S. Choudhari, APP for the State
Sainath Annasaheb Waghchaure, Annasaheb Madhavrao Waghchaure, Dwarkabai Annasaheb Waghchaure
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Nature of Litigation
Criminal appeal against conviction for offences under Sections 498-A, 504, 302 read with 34 IPC.
Remedy Sought
The appellants (accused) seek to set aside the conviction and sentence passed by the Additional Sessions Judge, Aurangabad in Sessions Case No. 54 of 2013.
Filing Reason
The accused were convicted for allegedly subjecting the deceased Yashodabai to cruelty and murder by setting her on fire after demanding money; they appeal on grounds that the trial court erred in relying on dying declarations and that the death was suicidal.
Previous Decisions
The Additional Sessions Judge, Aurangabad convicted and sentenced the accused on 15/12/2014 in Sessions Case No. 54 of 2013.
Submissions/Arguments
Mr. Gore for accused submitted that the marriage was 16-17 years old, the deceased had two children, the accused never ill-treated the deceased, and the wife of the brother of accused No. 1 resides separately, so there was no demand for her daughter's marriage.
Judgment Excerpts
The appellants, hereinafter referred to as the accused Nos. 1 to 3 have assailed the judgment and order dated 15/12/2014 passed by the Additional Sessions Judge, Aurangabad in Sessions Case No. 54 of 2013 thereby convicting and sentencing them for different offences of the Indian Penal Code...
In the said dying declaration it is alleged that on 22/10/2012 through out day she was in the house. Her husband had gone to Paithan as there was counting of votes. Her husband came to house at about 2.00 p.m. Again he went in the village. In the evening at about 7.30 p.m. her husband and father-in-law came to house consuming liquor.
All the three accused went out of the house. She raised shouts and on hearing the same Laxman Shridhar Waghchaure elder brother of her husband and his son Vikas put off fire with the help of clothes and admitted her in the hospital.
Procedural History
Incident occurred on 22/10/2012; Yashodabai sustained 95% burns and was admitted to Ghati Hospital. Dying declarations recorded on 23/10/2012. Crime No. 209/2012 registered under Sections 307, 498-A, 504, 34 IPC. Accused arrested on 25/10/2012. Yashodabai died on 27/10/2012 whereupon Section 302 IPC was added. Charge-sheet filed; case committed to Sessions Court. Additional Sessions Judge, Aurangabad framed charges under Sections 498-A, 504, 302/34 IPC. Trial held, prosecution examined four witnesses. On 15/12/2014, trial court convicted and sentenced all accused to rigorous imprisonment for three years (Section 498-A/34), two years (Section 504/34), and life imprisonment (Section 302), with fines. Accused appealed. High Court heard arguments and reserved judgment on 29/11/2019, pronounced on 03/03/2020.
Acts & Sections
- Indian Penal Code, 1860: 498-A, 504, 302, 34
- Code of Criminal Procedure, 1973: 428, 313
