UTTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 26/7/2010 passed by the Division Bench of the High Court of Bombay at Nagpur Bench. The High Court has dismissed the appeal preferred by the appellant against the judgment and order dated 29 th April, 1997 passed by the 8th Additional Sessions Judge, Nagpur, convicting him for the offence under Sec. 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentencing him to suffer imprisonment for life with a fine of Rs.1,000.00 (Rupees one thousand) and in default thereof, to suffer simple imprisonment for a period of three months.

(2.) The case set up by the prosecution is that the deceased, Pushpabai and the appellant had got married on 19/3/1994. There was no issue from the marriage. The appellant was a T.V. Mechanic. It was alleged that the appellant was having an illicit relationship with a widow residing near their house, namely, Kusum Gaikwad. On 26/3/1995, the appellant and Kusum Gaikwad went to watch a movie. When he returned home in the evening hours, he was confronted by his wife for having gone to watch a movie with Kusum Gaikwad. The appellant quarrelled with Pushpabai and told her that Kusum Gaikwad was his paramour. He had also beaten Pushpabai. On the very next day, i.e., on 27/3/1995, between 11.00 a.m. and noon, the appellant had again picked up a quarrel with Pushpabai and he told her that he would not leave Kusum Gaikwad. On Pushpabai demanding a divorce, the appellant lost his temper and assaulted her. Thereafter, he poured kerosene on his wife and set her on fire by lighting a match stick. At this, the appellant's brother rushed to extinguish the fire by pouring water on her. Pushpabai sustained severe burn injuries on her face, breast, stomach, both hands and legs. She was taken for treatment to Mayo Hospital, Nagpur where she succumbed to her injuries on 31/3/1995.

(3.) The information about the aforesaid incident was communicated by Mayo Police Booth, Nagpur to the Investigating Officer (for short 'IO') Sub-Inspector Madhukar Gite (PW-14). The I.O. was informed that Pushpabai had caught fire on account of the border, i.e., pallu of her saree falling on the stove where she was preparing snacks. On receiving the above information, the I.O. made an entry in the Station diary and proceeded to the hospital, where he recorded the statement of Pushpabai at 3.20 p.m. in the presence of two panchas (Ex.47). This was the first dying declaration of the deceased. In a gap of about one hour, the statement of Pushpabai was recorded by the Special Executive Magistrate (for short 'SEM') (PW-9) between 4.30 and 5.00 PM (Ex.38). This was the second dying declaration.