Criminal Appeal No. 91 of 2005. Case: Dadasaheb Haribha Mane Vs The State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 91 of 2005 |
| Counsel | For Appellant: Anjali Patil, Advocate and For Respondents: V.B. KondeDeshmukh, APP |
| Judges | A. M. Thipsay, J. |
| Issue | Indian Penal Code 1860, (IPC) - Sections 306, 498A |
| Judgement Date | January 25, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
A. M. Thipsay, J.
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The appellant was prosecuted on the allegation of his having committed offences punishable under Section 498A of the IPC and Section 306 of the IPC. The learned Additional Sessions Judge, Greater Mumbai, after holding a trial, acquitted him of the offence punishable under Section 306 of the IPC. The learned Additional Sessions Judge, however, found the appellant guilty of an offence punishable under Section 498A of the IPC and sentenced him to suffer Rigorous Imprisonment for 2 years and to pay a fine of Rs. 4000/-, in default, to suffer Simple Imprisonment for 3 months. Being aggrieved by his conviction and the sentence imposed upon him by the learned Additional Sessions Judge, the appellant has approached this court by filing the present appeal.
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So far as the appellant's acquittal in respect of the offence punishable under Section 306 of the IPC is concerned, the same has become final as the State has not filed any appeal challenging the said acquittal.
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I have heard Smt. Anjali Patil, the learned counsel for the appellant. I have heard Shri V.B. Konde Deshmukh, the learned APP for the State. I have gone through the record and proceedings. I have carefully considered the evidence adduced during the trial. I have gone through the impugned judgment.
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The prosecution case, as put forth before the trial court, was as follows:
The appellant, who was, at the material time, working as a Constable in the State Reserve Police Force, from time to time subjected his wife Usha Dadasaheb Mane to cruelty. That, due to the constant ill-treatment, Usha committed suicide on 11th June 1992 by setting herself on fire. She was taken to hospital, where her statement was recorded by Special Executive Magistrate Mehtab Shaikh (PW1). In her statement, Usha said that the appellant used to suspect her character and beat her often. That, on the previous day also the appellant had beaten her with fists and kicks. That, on 11th June 1992 also, the appellant had beaten her. After beating her, she had gone out. In a fit of anger, she locked the room, poured kerosene on her person and set herself on fire. When she caught fire, she shouted. Neighbours came to her rescue. Even the appellant came there. The fire was extinguished and she was taken to hospital.
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Usha had sustained 95 to 100% superficial to deep burn injuries. She succumbed to those injuries at 6.30 p.m. on the same day i.e. on 11th June 1992.
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The prosecution examined five witnesses...
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