DATTATRAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises out of the final judgment and order dtd. 23/11/2010 passed by the Aurangabad Bench of Bombay High Court in Criminal Appeal No. 06/2009 whereby the conviction of the appellant under Ss. 302 and 316 of the Indian Penal Code (for short 'IPC') was upheld and the appellant was sentenced to undergo life imprisonment under Sec. 302 and 10 years of R.I. under Sec. 316 of IPC, and was directed to pay fine amount of Rs.5000.00 and Rs.2000.00, respectively.

(2.) The facts of this case are that the appellant (32 years of age in the year 2007), was married to one, Meenabai Dattatraya Gawali, (who was 30 years of age on the date of the incident). The wife Meenabai (deceased) was having a pregnancy of nine months at that time. It is the case of the prosecution that the appellant came home at about 10.00 P.M. on the fateful night of 26/1/2007 in an inebriated state. He then picked a fight with his wife while she was cooking food in the kitchen and poured kerosene on her and as the stove burst, the wife sustained burn injuries, which in hospital were determined as 98%. She was taken to the Civil Hospital, Solapur at about midnight, where the first injury report itself indicates that she sustained burn injuries of about 98%. A statement is then recorded of the deceased at 01.30 AM on 27/1/2007, which states as under:-

(3.) A case is then registered at Tamalwadi Police Station, as Crime No. 12/2007, filed under Sec. 307 of the IPC against the appellant.