BHARAT GANGARAM BHAGWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 5-5-1995 recorded by the Additional Sessions Judge, Jalna (Shri. S. G. Tambe) in sessions Case No. 138 of 1994 thereby convicting the appellant for the offence punishable under section 302 of I. P. C. and sentencing him to suffer imprisonment for life and to pay fine of Rs. 300/- in default further rigorous imprisonment for 6 months. The prosecution story, briefly stated, is as follows :

(2.) THE deceased Prayagbai who was married to one Pandurang Udanchu from georai was deserted by her husband and she shifted to Ambad, district Jalna. She started living in a house in Nutan Vasahat at Ambad. Appellant Bharat Bhagwale also a resident of Ambad was on visiting terms with deceased Prayagbai. Appellant and the deceased Prayagbai developed relations like husband and wife.

(3.) YAMUNABAI (P. W. 3), sister of the deceased, resided at another part of town ambad at her parents house. The incident in question took place on 26-12-1993 at about 10. 30 p. m. Earlier on that day, in the afternoon, deceased Prayagbai had visited her sister's place as her sister Yamunabai was not keeping well. She returned from her sister's house in the evening on the same day i. e. 26. 12. 1993. Appellant Bharat returned home in the evening. On questioning by the appellant, the appellant was told by the deceased Prayagbai that she had gone to her sister's place. Appellant, however, did not believe her and suspected her. Deceased was beaten by the appellant. While she was lying on the cot, the appellant poured kerosene on her and set her on fire. Ghanshyam Joshi (P. W. I), who resides in the neighbourhood, heard the commotion at about 10 p. m. giving impression that somebody was making noise under the influence of liquor. He came down and went to see as to what had happened. He saw burnt bodies of deceased and also appellant with bum injuries. Asaram Ambilwale also a neighbourer (P. W. 2) had known the appellant and deceased Prayagbai living together in his neighbourhood. Yamunabai (P. W. 3) sister of the deceased came to know at about 10 O'clock about the incident by one Babibai (not examined ). She visited place of the occurrence and saw the deceased with burn inquiries.