BHAGWAN Vs. STATE OF MAHARASAHTRA

JUDGEMENT

(1.) This appeal maintained by special leave granted by this Court is directed against the judgment of the High Court dismissing the appeal and confirming the conviction and sentence imposed by the Additional Sessions Judge Pusad under Section 302 of the Indian Penal Code, 1860 ( 'IPC ' for short). In brief the prosecution case is as follows: The appellant was married on 12.05.1995 with the deceased. Out of the wedlock, two sons were born. The appellant was alleged to be having illicit relations with one lady. He was also drinking liquor. He would quarrel and ill treat his wife. On 19.4.1999 at about 12 o 'clock in the night he came to the house in a drunken position and beat his wife and thereafter he poured kerosene oil and set her on fire. The deceased was shifted to the Hospital at Arni on 21.4.1999 at about 2.00 a.m. along with two sons who also suffered burn injuries. The appellant also sustained burn injuries. On 22.4.1999 Ram Audare recorded the dying declaration of the deceased. In the dying declaration the appellant was implicated as having, being drunk, pore kerosene on her and set her on fire. The deceased succumbed to burn injuries on 23.4.1999. The appellant came to be arrested on 5.6.1999. After investigation, a charge sheet came to be filed for offences under Section 302 and 326 of the IPC. A charge under Section 326 for voluntarily causing burn injuries to his sons was framed and the trial Court as already noticed found the appellant guilty under Section 302 IPC. In regard to charge under Section 326 IPC, the appellant was acquitted.

(2.) We have heard the learned senior counsel for the appellant also the learned counsel for the State.

(3.) Learned senior counsel for the appellant would submit that first of all, the High Court has gone wrong in finding that the deceased was admitted in the hospital only after 2 days after the date of incident. He took us through the deposition of PW 8, the police officer where he says "as per documents, the patient was taken to hospital on 19.4.1999. Firstly, she was taken to Arni Hospital and then to Yavatmal ". He complains that in the teeth of this statement by the police officer, the finding rendered by the High Court that the deceased was taken to the hospital only after 2 days is palpably wrong.