SADASHIV DHONDIRAM PANDIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant, challenges the judgment and order dated 28th November 1996 passed by the Additional Sessions Judge, Kolhapur, in Sessions Case No. 93/1996, whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/ - for the offence punishable under Section 302 IPC.

(2.) SHORTLY stated the prosecution case runs as under: the deceased Ratnamala was the wife of the appellant. The couple had a son and married daughter. At the time of the incident they were residing in village Mohare, Taluka Panhala, Dist Kolhapur. The appellant was addicted to liquor and used to demand money from Ratnamala for the same and when she was unable to pay he used to quarrel with her and beat her. He used to also suspect the fidelity of Ratnamala and used to beat her. Ratnamala told this to her sister Shahu Kambale P. W. 3. The evidence of Vikas Pandit P. W. 6, the son of the appellant and the deceased shows that on the date of the incident i. e. 25-9-95 there was a quarrel between the appellant and the deceased. The latter gave the former money to consume liquor. The same day a about 8 a. m. Vikas Pandit P. W. 6 left the house for work. At about 12 noon the appellant came to the house under the influence of liquor and demanded mangalsutra from Ratnamala. When the refused to give the same he poured kerosene from a plastic can on her person, lighted her sari with match stick, thereafter threw water on her and ran away. At about 2. p. m. the same day Satyapa Kale P. W. I. and Savitri Kamble P. W. 2, both neigh-hours of the deceased Ratnamala reached the place of incident. On receiving the information that she had been burnt her sister Shahu Kamble P. W. 3 and her son Vikas Pandit P. W. 6 also reached there. When Savitri Kamble and Shahu Kamble asked her how she sustained burns she told them that the appellant had poured kerosene on her person and set her of fire.

(3.) THE evidence of Vikas Pandit P. W. 6 shows that he thereafter sent a message to his maternal uncle. His grand mother and the wife of one of the maternal uncles came and thereafter Ratnamala was taken to PHC Kodoli, in a rickshaw, where the doctor advised that she be taken to CPR Hospital, Kolhapur.