MADHAVRAO SAKHARAM SARDESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and order dated 3-10-1996 passed by the 11th Additional Sessions Judge, Pune in Sessions Case no. 177/1996 whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/-in default to undergo 6 months R. I. for the offence under section 302, Indian Penal Code.

(2.) SHORTLY stated the prosecution case runs as under :- The deceased Jayshree was the daughter of Malti Kanade pw 3 and Gajanan Kanade PW 7 and wife of the appellant. The marriage between the appellant and the deceased took place about 8 to 9 years prior to the incident. They had a daughter called Chaitrali aged about 8 years. For about 7 to 8 years, their married life was smooth but, from a year prior to the incident, the appellant started consuming liquor and ill-treating the deceased. On the date of the incident i. e. 3-4-1996 Jayshree chaitrali and the appellant were living in Shaniwar Peth, pune and the appellant who was serving in Union Bank had not gone to the Bank. That day, Jayshree took Chaitrali to the tuition classes of one Mrs. Bhise. At about 2. 45 p. m. when she and Chaitrali came back, they found the appellant inside the house. The appellant did not open the door. Consequently, Jayshree opened it and entered inside with chaitrali. She reprimanded the appellant for not going to the bank, consuming liquor, abusing her and beating her. She threatened that she would go to her mother s place with chaitrali. The appellant asked her not to go. Thereupon jayshree told him that she would do something with her life. At that juncture, the appellant told her that in case she did not want to live, he would burn her and saying this, poured kerosene oil on the punjabi dress which she was wearing. He thereafter, took out a match stick, ignited it and set her on fire. In the meantime Jayshree started crying. Hearing her cries her immediate neighbour Swanand arole PW 11 reached there along with his mother and grand mother. They found Jayshree burnt. Swanand s mother and grand mother extinguished the fire. Sadanand sent for kashikar PW 2 brother-in-law of the landlord. Kashikar PW 2 immediately came on the place of the incident and on the request of Arole, informed the police control room. Swanand Arole PW 11 also informed Gajanan kanade PW 7, the father of the deceased. In the meantime, two ladies accompanied by Chaitrali went and informed Jayshree s mother Malti Kanade PW 3 that the appellant had burnt her after pouring kerosene. On receiving the said information, Jayshree s mother malti Kanade arrived and when she asked Jayshree as to what had happened, she told her that the appellant had poured kerosene oil on her and set her on fire.

(3.) THE evidence of Gajanan Kanade PW 7 shows that on 3-4-1996 at about 2. 30 to 2. 45 P. M. he received a phone call from Swanand Arole that Jayshree had been set on fire. Consequently, he reached the house of the appellant. At that juncture, Jayshree was being brought near the ambulance. Consequently, he and his wife Malti also boarded the said ambulance. The ambulance along with them and Jayshree proceeded towards Sasoon Hospital. On the way, Gajanan asked jayshree how she was burnt and she replied that the appellant had set her on fire.