GAUTAM BHILA AHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein was tried by the learned Ad hoc Additional Sessions Judge-1, Dhule in Sessions Case No.47 of 2007 for the offence punishable under Section 302 of I.P.C. and vide judgment and order dated 30th April, 2008 the appellant - accused was convicted for the said offence and sentenced to suffer imprisonment for life and to pay a fine of Rs.2000/-, in default of payment of fine, to suffer simple imprisonment for six months. Being aggrieved by the said judgment and order of conviction, the appellant preferred the present appeal.

(2.) The facts leading to the prosecution case, in brief, are as under: The appellant - accused Gautam Bhila Ahire is the husband of the victim Rinabai. Their marriage was performed prior to 8 to 9 years and from their wedlock, they have one son and one daughter. The accused was addicted to liquor; he was suspecting about the character of wife Rinabai. He used to beat Rinabai. When Rinabai visited her parents house she used to disclose to her parents about the ill-treatment subjected by the accused to her. In the month of November, 2006 there was marriage of the younger sister of Rinabai; therefore, she had gone to her parents house for attending the said marriage, along with her husband accused. At that time, Rinabai disclosed to her parents the fact of ill-treatment subjected by the accused to her. At that time, the accused gave assurance that he will not consume liquor and will not beat Rinabai. Thereafter Rinabai accompanied the accused to his house for cohabitation. On 6.2.2007 at about 6.30 p.m., the accused, under the influence of liquor, beat his wife Rinabai and threw an ignited traditional kerosene lamp / chimney on her person, due to which her sari caught fire. Rinabai herself attempted to extinguish the fire and in that attempt, she fell into nala. Thereafter the accused admitted Rinabai in Civil Hospital, Dhule. ASI Prakash Wagh recorded the statement of Rinabai Gautam Ahire. Thereafter the Special Executive Magistrate Sardar Mansuri also recorded the dying declaration of Rinabai. In both the dying declarations, Rinabai disclosed that her husband threw an ignited traditional kerosene lamp on her person due to which her sari caught fire and she sustained burn injuries. Pramilabai Sapkal, the mother of Rinabai came to know about the incident; therefore, she rushed to the Civil Hospital, Dhule on 7.2.2007 at about 8 a.m. At that time, Rinabai disclosed to her mother that on 6.2.2007 at about 6.30 p.m. when she was alone at her house, the accused under the influence of liquor, beat her and threw ignited traditional kerosene lamp on her person, due to which her sari caught fire and she sustained the burn injuries.

(3.) On 6.2.2007 at 10.10 p.m. PSI Dattatray Patil registered the offence bearing C.R. NO.48/2007 for the offence punishable under Sections 307 and 323 of I.P.C. on the basis of the dying declaration of Rinabai recorded by ASI Wagh. On 9.2.2007 Rinabai succumbed to her burn injury. Thereafter offence punishable under section 302 of I.P.C. was added. PSI Patil visited the spot of incident, he drew the spot panchanama, he arrested the accused and seized his clothes. ASI Sonar drew the inquest panchanama. The Medical Officer, Civil Hospital, Dhule, performed autopsy on the corpse of Rinabai. PSI Patil forwarded the seized articles to the Chemical Analyzer, Nashik, and after completion of investigation he submitted charge sheet in the Court.