GAJANAN BHANJI DIGRASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By present appeal, appellant/accused has thrown a challenge to judgment and order dated 12th November, 2003 convicting him for commission of offence punishable under Section 302 of Indian Penal Code and sentencing to suffer imprisonment for life and pay a fine of Rs.100/- (Rs. One Hundred only) and in default to undergo R.I. for one month, passed by learned 2nd Additional Sessions Judge, Nagpur in Sessions Trial No. 160/2002 of the said Court.

(2.) The said session case had arisen out of the charge-sheet submitted by Karanja (Ghadge) Police Station on 29-7-2002 against the appellant for commission of such offence as a result of investigation of FIR No. 74 of 2002 registered with the said police station upon report-cum-dying declaration Exh.39 of Lata, wife of appellant, recorded by PW 4 H.C. Gopal Bhute at Rural Hospital, Karanja (Ghadge). PW4 was sent at the said place by PW 3 ASI Arun Bhoyar on Station House duty at the said Police Station in view of receipt of letter dated 3-5-2002 (11.55 p.m.) Exh. 45 from PW 5 Dr. Vidyanand Gaikwad on duty at said hospital that Lata Gajananrao Digrase has been brought to Hospital due to sustaining burn injuries of 56 %.

(3.) The prosecution case, in brief, as disclosed at a trial is as follows : The deceased Lata was legally wedded wife of the appellant with their marriage solemnized before about 7 years of the day of the incident. They were having two issues namely son Suraj, aged 6 years and daughter Ujwala, aged 3 years. The appellant suspecting fidelity of Lata was subjecting her to physical torture but she had continued to tolerate the same and was pulling with him. On 3-5-2002 after having dinner , said couple had been to bed at about 9 PM. As usual appellant had picked up quarrel with her on the count of her chastity as he was suspecting her fidelity. The appellant had started abusing her and all of sudden he had got up and brought plastic can containing kerosene from inside of the house and poured the same on her person and ignited match stick and set her ablaze. She had screamed for help and shouted "Wachwa Wachwa". Hearing her scream, neighbors had been to the said place. The appellant himself after extinguishing fire, had taken her to Primary Health Centre, Karanja (Ghadge) in a jeep of covillager one Virendra Wankhede. Lata was hospitalized at about 11.40 PM. PW 4 H.C. Bhute deputed by PW 3 Arun Bhoyar, after receipt of information about the said admission at the said hospital from PW 5 doctor on duty at the said hospital had been to the said place and had given requisition Exh.41 to PW 6 for ascertaining whether Lata was fit to make any statement. PW 6 after examination had given certificate Exh. 41P over said requisition that she was fit to make a statement and thereon PW 4 had recorded her dying declaration Exh.42 of Lata in presence of PW 6 implicating the appellant to the effect that during quarrel after dinner the appellant having brought a plastic can containing the kerosene and pouring same on her person, having ignited match stick and set her ablaze and thereafter neighbors having gathered after hearing her shouts and thereafter appellant himself having brought her in a jeep to the hospital. PW 4 after reading the dying declaration recorded to the victim and herself admitting the same, had obtained her thumb impression upon the same and PW 5 had given the certificate upon same. PW 2 Radhakant Bar, Executive Magistrate also requisitioned vide requisition Exh.31 by the Police had been to the said place and had also recorded dying declaration Exh.33 in question and answer form of Lata in the prescribed format to the similar effect after PW 6 had given certificate Exh.32 of herself being fit for making a statement. PW 2 had also obtained her thumb impression Exh.33 upon the same.