RASIKLAL MAKHANJI SOLANKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction recorded by the learned Additional Sessions Judge, Greater Bombay dated June 13, 2002 in Sessions Case No.952 of 2000. By the impugned judgment, the learned Judge convicted the appellant accused for the offence punishable u/s.302 Indian Penal Code and sentenced him to suffer life imprisonment with fine of Rs.5,000/-, in default to pay fine to suffer further R.I. for four months.

(2.) Appellant is the original accused in Sessions Case No.952 of 2000. It is the case of the prosecution that on June 23, 2000 one female between the age of 41 to 47 years, namely Vidya Prabhudesai was murdered at the Nair Hospital Junction, near Maratha Mandir Theatre at around 9.30 a.m.. As per the case of the prosecution, Accused Rasiklal Solanki who was a tailor by occupation was acquainted with the family members of the deceased Vidya Prabhudesai. As per the case of the prosecution, the accused was having love affair with the deceased Vidya Prabudesai. Accused had proposed deceased Vidya for marriage and the deceased Vidya had refused the said proposal, and because of that refusal Accused was got annoyed with the deceased. As per the case of the prosecution, deceased Vidya Prabhudesai was serving in the Reserve Bank of India as a typist. She used to go to the office at about 9.00 to 9.20 a.m. everyday. She was residing at R.B.I. Quarter at Bombay Central. On the relevant date on June 23, 2000 she had started from her house for going to the office in the morning and at that time the accused followed her. It is the case of the prosecution that accused Rasiklal stopped her, poured kerosene on her and set her on fire by lighting match-stick, because of which she started burning on the road. At the aforesaid time, one Manoj Bhatnagar came running and poured water on the body of Vidya to extinguish the fire and thereafter telephoned to the police on Phone Number 100 and informed about the incident of burning of Vidya. Police arrived on the spot immediately, and in die meanwhile one lady by name Mrs. Gulshan Kwatra also came at die scene of incident. At mat time Vidya disclosed that Accused Rasiklal had poured kerosene and set her on fire. Deceased Vidya also gave phone number of her sister to Mrs. Kwatra, who thereupon called up Vidya's sister on her mobile phone and informed about the burning incident and asked her to come to Nair Hospital as Vidya was shifted to Nair Hospital by die police who had arrived on the spot.

(3.) As per the case of the prosecution, one Kishore Kadam who was attending his duty as Station House Officer at Agripada Police Station and who had received the message from Nagpada Mobile No. 1 about the incident, rushed to the spot and thereafter immediately deceased Vidya was shifted to Nair Hospital. It is the case of the prosecution that Mr. Kadam, after taking permission of Dr. Narendra Desai, recorded the statement of deceased Vidya which was treated as FIR against the Accused. On the basis of the same, offence was registered at C.R. No. 115/2000 of Agripada Police Station for the offence punishable u/s.307, IPC (as at the relevant time deceased was alive). PSI Mr. Kadam thereafter rushed to the spot and drew spot panchanama. One team of the police went to die shop of the accused. It is further the case of the prosecution that in the meanwhile accused also consumed poison and was admitted in Nair hospital. The Investigating Officer Mr. Kadam, thereafter contacted SEO Ms. Deepali Chavan, who recorded dying declaration of deceased Vidya Mr. Kadam, the Investigating Officer thereafter recorded statements of two sisters and one brother of deceased Vidya on the same day and also recorded statements of other witnesses. Panchanama of clothes of the deceased Vidya was drawn. Deceased Vidya succumbed to the injuries on June 23, 2000 at 7.10 p.m.. Thereafter the accused who was also taking treatment in the Nair Hospital was shown arrested. After completion of investigation, police filed charge-sheet. The charge was framed by the Court against the accused u/ s.302, IPC on April 30,2002. Accused pleaded not guilty to the charge and thereafter the trial was conducted against the accused for the aforesaid offence.