MADAN ALIAS MADHU PATEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is filed by the appellant aggrieved by the judgment of the High Court of Judicature at Bombay, dated June 8, 2010 in Criminal Appeal No. 462 of 1992 whereby the High Court confirmed the judgment of the trial Court in Sessions Case No. 91 of 1992.

(2.) The case of prosecution, in brief, is that the accused appellant herein had illicit relationship with Latabai (deceased) for the past five years prior to the date of incident and on 13th December, 1991 when the deceased refused to cook food for the accused, he got annoyed and burnt her alive by pouring kerosene oil. Hearing hue and cry of the dececased, one Meerabai and Satyabhamabai (PW 7) rushed to save her. The appellant also joined them in extinguishing the fire. Seeing the gathering of neighbours, in that commotion the accused ran away from the scene. The victim was then taken by the neighbours to the Civil Hospital, Nashik where the appellant was also admitted. Jayaprakash Chavan, Special Judicial Magistrate (PW1) recorded dying declaration of Latabai as also the statement of the appellant. On the same day, i.e. 14.12.1991, Nivrutti Baburao Godhade (PW12), Police Head Constable has also recorded dying declaration of Latabai (deceased).

(3.) Crime No. 76/91 was registered by PSI Jadhav (PW11) against the accused. Thereafter spot panchanama was prepared, seized incriminating material such as kerosene oil tin, match box, pieces of saree, blouse etc. from the scene of offence and recorded statements of witnesses. On 16.12.1991, the victim Latabai succumbed to the burn injuries and the accused was arrested on 19.1.1992. In furtherance of investigation, postmortem on the body of the deceased was conducted, chemical examiner's report (Ext. 32) was obtained and the accused was charge sheeted. As he pleaded not guilty, learned Sessions Judge has conducted a full fledged trial resulting in the conviction of the accused/appellant for the offence punishable under Section 302 of IPC and sentenced him to suffer life imprisonment and to pay a fine of Rs. 100/-, in default, to further suffer imprisonment for a period of one month in addition.