VYNKAPPA CHANDRAYYA KANAKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 21st August, 1996 passed by the Additional Sessions Judge, Solapur, in Sessions Case No. 7/93, whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- in default to undergo R. I. for one month for the offence under section 302 I. P. C. has come up in appeal before us.

(2.) SHORTLY stated the prosecution case runs as under: The deceased Muktabai was the wife of the appellant and at the time of the incident was residing with him in Gandhi Nagar Zopadpatti No. 3, Solapur. On the date of the incident i. e. 28-11-1995 at about 10 a. m. the deceased asked the appellant who was not going for any work to do some work because they had three children. This enraged the appellant who started abusing and beating her. Thereafter he took the stove and poured kerosene oil therefrom on the person of the deceased, lighted a match stick and set her on fire. As the deceased was wearing a polyster sari the same caught fire instantaneously and resulted in her sustaining burn injuries on chest, arms, legs etc. She shouted for help but nobody came to her rescue. Thereafter the appellant poured water on her. Meanwhile a daughter of the deceased went to the house of Ambubai Gadagi P. W. 1, the sister of the appellant, who was residing in the neighbourhood and told her that the deceased was burning. Consequently Ambubai Gadagi rushed to the house of the deceased along with her mother Laxmibai, who was also residing nearby and in an auto-rickshaw which was arranged by the appellant all of them, after calling Padmabai Mhanta P. W. 4, who upon inquiring from the deceased as to how she was burnt was told that her husband set her on fire, took the deceased to Civil Hospital, Solapur. Padmabai Mhanta P. W. 4 followed them.

(3.) THE evidence of Dr. Asha Gaikwad P. W. 5 shows that on 28-11-1995 at about 11. 15 a. m. while she was working as the Medical Officer in Civil Hospital, Solapur, Muktabai (the deceased) was brought in that hospital. When she asked her the case history she told her that she had been burnt by her husband. She found 28% superficial too deep burns on her person. She admitted her and informed the police. Her evidence shows that Muktabai was in the hospital till 10-12-1995 on which date she was discharged, she was again admitted on 11-12-1995 and discharged on 6-1-1996.