Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order dated 28 February 2001 passed by the Sessions Judge, Jalgaon in Sessions Case No.321/1994, acquitting the accused of offences under Section 302 and Section 498A read with 34 of the Indian Penal Code. The deceased Vandana was married to accused no.1 in 1988. She was allegedly subjected to cruelty by her husband and in-laws due to her inability to conceive. On 29 May 1994, at about 1.00 p.m., she sustained 100% burn injuries at her matrimonial home. She was admitted to Municipal Hospital, Bhusawal, where her dying declaration was recorded by the doctor while noting the medical history, stating that she was beaten and kerosene was poured on her by her husband. Subsequently, the police and an executive magistrate also recorded her statements, in which she implicated her husband for setting her on fire and her in-laws for harassment. The prosecution examined six witnesses including the investigating officer, the doctor, and the executive magistrate. The trial court, however, acquitted the accused, leading to the present appeal. The High Court examined the evidence, particularly the dying declarations, but the appeal remained pending for decision.
Issue of Consideration
CRIMINAL APPEAL NO.239 OF 2001
Case Details
2017 LawText (BOM) (07) 37
Criminal Appeal No.239 of 2001
Mr.A.R.Borulkar for appellant, Mr.D.S.Pawar for Mr.K.C.Sant for respondent Nos.1 and 4
Gautam Fulchand Shejawal, Fulchand Bandu Shejwal (Deceased), Nanubai Fulchand Shejwal (Deceased), Bhimjyot Fulchand Shejwal
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against acquittal
Remedy Sought
The State of Maharashtra sought reversal of acquittal and conviction of the accused for offences under Sections 302 and 498A read with 34 of the Indian Penal Code.
Filing Reason
The trial court acquitted the accused despite three dying declarations and other evidence.
Previous Decisions
The Sessions Judge, Jalgaon, acquitted the accused by judgment dated 28 February 2001 in Sessions Case No.321/1994.
Judgment Excerpts
H/0 – Beaten and pour kerosene of her husband at about 1 p.m.
Vandana told her that since morning husband, fatherinlaw, motherinlaw, and brother in law of Vandana started ill treating her and beating her as she could not conceive, and wanted to give her divorce. Vandana refused to put her signature on the divorce papers; as such her husband Gautam poured kerosene on her person and set her on fire.
Procedural History
On 29 May 1994, Vandana was admitted to hospital with burns. Police investigation registered Crime No.73/1994 under Sections 498A, 306 read with 34 IPC. After investigation, charge-sheet was filed. Trial court framed charges under Sections 302 IPC against accused no.1 and 498A read with 34 against accused nos.1, 3, 4. Trial concluded with acquittal on 28 February 2001. The State appealed, and the High Court heard the appeal.
Acts & Sections
- Indian Penal Code, 1860: 302, 498A, 34, 306
