1 Cri.Appeal330/1998 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO.333 OF 1998. Ganesh s/o Nilkant Patil Age: 27 Yrs., occu. Labour work, R/o Shinde Galli, Parola, Tq. Parola, District Jalgaon. - APPELLANT VERSUS The State of Maharashtra. - RESPONDENT ***** Mr.BR Warma, Advocate for Appellant; Mr.VH Dighe, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 7th January, 2011. ORAL JUDGMENT: 1) Heard learned Counsel for appellant and learned APP for State. 2) Conviction recorded by learned Additional Sessions Judge,Amalner, dated 5.10.1998 in Sessions Case No.33/1995, for offence punishable under Section 498A of Indian Penal Code (for short, IPC), directing the appellant to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default, to suffer rigorous imprisonment for three months, is impugned by the appellant/husband. 2 Cri.Appeal330/1998 3) Mr.Warma, learned Counsel for the appellant/accused submits that the dying declaration of the deceased – Manisha Ganesh Patil, recorded by either Executive Magistrate or by the Police Officer, is not worthy to be relied upon. Consequently, the so-called eye-witness, who accompanied the appellant/husband, indeed has seen that the husband extinguished the fire, as the deceased herself set ablaze. 4) It is difficult to toe in tune to the contention of learned Counsel for the appellant as the dying declaration has been duly proved. With the assistance of learned Counsel, I have gone through the same. On 15th June, 1995 at 11.20 to 11.40, the deceased was in conscious condition when her dying declaration was recorded by the learned Executive Magistrate, Parola. In explicit words the deceased narrated her plight and events. She informs that dowry of Rs.3,000/- was paid on 15.6.1995. At around 6.30 a.m., her husband and she woke, she was fetching water. Her husband directed her to collect water, however, since it was already available, she refused to do so. Resultantly, her husband assaulted her with stick and fist blows. Thereafter, when she was cleaning and washing the apparels/clothes, since the water sprinkled on the person of the husband, he again got enraged and caught hold the head of 3 Cri.Appeal330/1998 the deceased and banged to the wall. Thereafter, he went in the market. After husband leaving in the market, the above incident made the wife to drive herself to commit suicide and consequently, she doused kerosene on her person and set herself ablaze. In the similar tune, the subsequent dying declaration is recorded by the Police Officer. However, it is with the spices that the husband is unemployed and he attacked. He is indulging in all sorts of activities. The wife also informed, after the marriage, on any casual affair/trivial issue, she was subjected to cruelty and she was beaten mercilessly and such act of the husband constrained her to end her life. This evidence and the evidence of the eye- witness is sufficient to take care of the mandatory provision, as is engrafted in section 498A of IPC, which ordains, whoever, subjects such woman to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation offers, “cruelty” means, - any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health(whether mental or physical) of the women. Considering these aspects, it is quite clear that the events dated 15.6.1995 of severe beating and earlier events, as has been narrated by the 4 Cri.Appeal330/1998 deceased immediately before her death, attracts infraction of Section 498-A of IPC. 5) The accused has been acquitted of the charge under Section 306. There is no State appeal. Consequently, no comment on that event. 6) Now, sensing that the Court is not inclined to allow the appeal, Mr.Warma, learned Counsel for the appellant/accused, submits, the Court may increase the fine amount and reduce the sentence considering the age of the accused. This submission is not in tune with the record, as the learned Judge has already exerted leniency by awarding sentence of one year, and the precious life of the woman has taken its toll. 7) Taking survey of the Judgment, I do not find any error on the part of the learned Judge in convicting the accused for the offence punishable under Section 498-0A of IPC. The appeal lacks merit, dismissed. No costs. The appellant/accused to surrender. sd/- ( K.U.CHANDIWAL ) JUDGE bdv/ Authentic copy (BD VADNERE,PS)