BA-1176-11.sxw v. The State of Maharashtra
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 302, 307, 498A
Key paragraphs
- Para 55. In view of the above, the applicant be released on her executing P.R. of Rs.25,000/- with one or two sureties in the like amount with condition that she shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)
Judgment
Mr.J.D.Mane, Advocate, for the applicant. Mr.Y.S.Shinde, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th November, 2011. P.C.
Heard the learned Counsel for the parties. The applicant seeks to be released on bail in Crime N.111/2011 registered at Mohol Police Station for the offencess under Sections 498A, 307 and 302 read with Sec. 34 of IPC .
According to the prosecution, deceased Rani was married to one Nanasaheb Kale in the year 2008. After marriage, she went to live with her husband, who was living jointly with his parents and brother. On 16.3.2011 at about 7 a.m., Rani caught fire and was taken to Rural Hospital, Mohol. After 2 BA-1176-11.sxw preliminary examination, she was referred to General Hospital, Solapur for further examination. On 13.5.2011, in the morning, she died as indoor patient in the said Hospital.
The applicant is mother-in-law of deceased. On 18.3.2011, police recorded statements of Rani wherein she stated that for about one year after marriage, she was treated well. Thereafter she was being tortured by her mother- in-law, father-in-law and brother-in-law on account of demand of money which she could not satisfy. According to her, on 16.3.2011, at about 7 a.m. when her husband had gone out to attend the call of nature, she was beaten by father-in-law, mother-in-law and brother-in-law. Mother-in-law had caught her, brother- in-law had poured kerosene and father-in-law had set her ablaze and due to that she had suffered several burn injuries. When she was burning, her husband came there and he extinguished the fire and took her to hospital. Thus, on 18.3.2011 against mother-in-law, father-in-law and brother-in-law offence under Sections 498A and 307 read with Section 34 of IPC came to be registered. She died on 13.5.2011 as an indoor patient. It appears that she had suffered only 35% burn injuries. It is not clear why the injuries could not be managed and how she died after two months when she was indoor patient. Besides this, the hospital record of Rural Hospital Mohol shows that alleged history of accidental burn due to explosion of 3 BA-1176-11.sxw stove was given when she was first admitted in the hospital on 16.3.2011 at 8.50 a.m. i.e. immediately after the incident. For two days police did not record her statement. There was no explanation why for two days. Her statement was not recorded either by police or by any executive Magistrate. Thus, there are conflicting statements, one showing that she had caught fire accidentally and another that she was set ablaze by the three accused persons. Investigation is completed and charge sheet is filed. Except the statement of deceased recorded 2 days after the incident which is in conflict with the original history given in the hospital, there is no other evidence about the actual incident.
In view of the above, the applicant be released on her executing P.R. of Rs.25,000/- with one or two sureties in the like amount with condition that she shall not tamper with the prosecution evidence.
(J.H.BHATIA,J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 302, 307, 498A.
Which court decided this case, and when?
Bombay High Court, on 09 Nov 2011. The bench was H BHATIA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.