ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for the murder of his wife under section 302 of I. P. C. The appellant was married with deceased Yashoda in May 1992 and according to the prosecution case the appellant was ill-treating the deceased Yashoda. On 16-10-92 the appellants picked up quarrel with the deceased and assaulted her. In the after noon at about 4. 00 p. m the appellant gave her a matchbox and told the deceased that if she came from really a good family, she should die. Then the appellant asked the deceased to prepare parched rice (Alupoha ). When she was burning the stove for preparing tea and Aluphoa, appellant poured kerosene form a tin on her as a result of which flames of the stove erupted and the person of the deceased caught fire. The deceased suffered 86% burns. Her dying declaration was recorded by P. W. 9 Special Judicial Magistrate on 18-10-92 at 9. 15 p. m. after the Medical Officer certified that the deceased was fit to make statement. The deceased died on 21-10-92.

(2.) THE prosecution in all examined 15 witnesses in support of the charge. The trial Judge accepted the Dying Declaration as well as oral statement made by the deceased as to her cause of death to her brother P. W. 3 Ajay and her mother P. W. 5 Antobai. The appellant was convicted for murder under section 302 of I. P. C and was sentenced to imprisonment for life as also fine of Rs. 1000/- in default R. I for one month. The appellant challenges his conviction and sentence in this appeal.

(3.) THE prosecution case mainly rests upon the Dying Declaration recorded by Special Judicial Magistrate P. W. 9, oral declaration of the deceased to her brother Ajay and mother Antobai as also the findings of the Chemical Analyser in relation to the clothes of the appellant and the deceased.