JAISHREE ANANT KHANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The tragic incident happened over spilled milk.

(2.) On 15.12.2000, Aruna, w/o Nagnath-accused No. 4, received severe burn injuries in an incident which took place around 2.30 p.m. Aruna, the victim, was staying in her house at Dhangar, Moha, District Parbhani with her three children aged about 6 years, 3 years and 8 months respectively. The appellants husband was the nephew of Aruna and they were having the relations as cousin mother-in-law and daughter-in-law. Admittedly the relation was far from cordial. Nagnath, husband of Aruna, was serving in SRP and not at the place of occurrence at the time of the alleged incident. The appellant and her husband, who was serving as a teacher, were staying in another part of the same house as a tenant and the house was owned by Aruna. There was easy access from one house to the other. The incident is said to have occurred in the kitchen of Aruna. The appellant did not dispute her presence in the place of occurrence.

(3.) The prosecution allegation as unfolded is that on 15.12.2000, in the afternoon, Aruna kept a pot of milk on an electric hot plate in the kitchen, and at that time electricity Suppl ly was not there but the switch was on. Keeping the pot in that position, Aruna went to the terrace but when she got the smell of burnt milk, she rushed to the kitchen to find that electric Suppl ly had resumed and boiling milk had spilled over the pot. Seeing this, Aruna got annoyed and asked the appellant why did she not inform Aruna about resumption of electric current and the spilling of milk. To that question of Aruna, appellant became annoyed and responded in words which were rather offensive.