TEJRAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 17th November, 2008 passed by the High Court of Judicature at Bombay, Nagpur Bench, in Criminal Appeal No.455 of 2003, upholding the conviction of the appellant under Section 302 IPC and sentence of rigorous imprisonment for life. The appellant has also been directed to pay fine of Rs.10,000/-, in default, to suffer RI for six months.

(2.) Deceased Savita was married to the appellant about three years prior to the date of the incident in question, i.e., on 28th March, 1999. One son and one daughter were born out of the wedlock. They were living in a rented house owned by PW1 Vimalbai.

(3.) According to the prosecution, the deceased was subjected to cruelty and on the fateful day, the appellant returned home in drunken condition and started abusing the deceased and her mother Prabha Bai who had come on a visit to her daughter's house. Thereafter, the appellant poured kerosene on the deceased and set her on fire. Prabhabai and Vimalbai, PW1, tried to extinguish the fire and received burn injuries in the process. They were taken to Medical College and Hospital, Nagpur. The deceased made a dying declaration ('DD') (Exhibit 45) before PSI Sunil Eknadi Wanjari. She succumbed to her injuries at 6.25 A.M. on 29th March, 1999. Prabhabai also made a DD (Exhibit 43) before the PSI Bhila Narayan Bachao (PW5), on the basis of which FIR was lodged at Police Station Imambada. Rajiv Babarao Raut (PW3), Special Judicial Magistrate (SJM) also recorded DD of Prabhabai (Exhibit 41) at 9.30 A.M. on 29th March, 1999. The said Magistrate also recorded the statement of PW1 Vimalbai (Exhibit 29). Prabhabai died on 1st April, 1999 at 2.2.0 A.M. with 77% burn injuries. The dead bodies were subjected to post mortem.