VITHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is a resident of village Wadigadri. The deceased Vishwanath was also resident of the said village. The deceased like the appellant was a driver by occupation. Eight to ten days prior to the date of incidence, an altercation took place between them. The appellant allegedly inflicted injuries on him with a knife. However, the matter did not proceed any further. On 24.11.1991, the deceased Vishwanath met the appellant who was then driving a vehicle. A quarrel took place between them in regard to demand of some amount. When Vishwanath was coming to his house, the appellant followed him. He was carrying with him kerosene in a container. He poured kerosene on him and lit a match stick resulting in sufferance of burn injuries by the deceased. Mother of the deceased Kesarbai (PW-8) was sitting in front of the house. She heard his shouts. She also identified the voice of the appellant. She rushed towards her house, found Vishwanath in flames and the appellant running away from the place.

(2.) Immediately, thereafter two brothers of the appellant, viz., Baburao and Rama on hearing the shouts came to the place of occurrence, extinguished the fire and took the deceased to a Primary Health Centre, Pachod. Vishwanath was found to have suffered 98% burn injuries.

(3.) The Medical Officer of Pachod informed the police station. Dhanaji Mahadu Neel (PW-20) recorded the statements of Vishwanath (Ex. 19) on 24.11.1991. Vishwanath thereafter was referred to Ghate Hospital for further treatment on 25.11.1991. His statement was again recorded on 26.11.1991 (Ex. 25) by the Head Constable Sahebrao More attached to City Chowk Police Station, Aurangabad. Yet again a statement (Ex. 32) was recorded by Sarveshwar Deshmukh Head Constable of Police Station Gondhi on 27.11.1991 as allegedly the incident had taken place within the jurisdiction of the said Police Station. The services of an executive magistrate were requisitioned for recording his statement and one Shashikant, an Executive Magistrate yet again recorded the dying declaration (Ex. 34) on 27.11.1999 of the deceased. The deceased, thus, made four dying declarations in all.