RAMESH TUKARAM RUDRAKSHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 31/3/2008 rendered by Illrd Ad-hoc Additional Sessions Judge, Ambajogai, in Sessions Case No.76 of 2005, convicting the appellant no. 1 (original accused no.1), namely Ramesh Tukaram Rudraksha for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs. 10,000/- with default condition for non-payment of fine to undergo R.I. for four years; and also convicting the said accused Ramesh for the offence punishable under Section 498-A r/w, Section 34 of the Indian Penal Code and sentencing him to suffer R.I. for three years and to pay a fine of Rs.3,000/- with default condition for non-payment of fine to undergo RI. for six months; and also convicting the appellant no.2 Tukaram. appellant no.3 Bhagirathibai and appellant no.4 Rajendra/ original accused nos.2. 3 and 5, respectively, for the offence punishable under Section 498- A r/w. Section 34 of the Indian Penal Code and sentencing appellant no.2 and appellant no.3 i.e. original accused nos.2 and 3 to suffer simple Imprisonment for two years each and to pay a fine of Rs. 1.000/- each with default condition for non-payment of fine to suffer further S.I. for six months; and sentencing appellant no.4 i.e. original accused no.5 to suffer rigorous imprisonment foi three years and to pay a fine of Rs.2.000/- with default condition for non- payment of fine to suffer further S.I. for six months.

(2.) The factual matrix of the prosecution case is as under :- PW-9 PSI Sadashiv Chate was attached to Ambajogai police station at the relevant time in June. 2005, who received an intimation from police station officer that Shubhangi w/o. Ramesh Rudraksha was admitted in S.R.T.R. Medical College and Hospital, Ambajogai due to burn injuries. Accordingly, Head Constable- Mr. Vidhate attached to police chowkie at S.R.T.R. Medical College and Hospital, Ambajogai recorded the statement of the injured Shubhangi (Exh.76) at about 4.15 a.m. to 4.40 a.m. on 14.6.2006 and obtained the endorsement of the concerned doctor thereon regarding consciousness of the injured, which disclosed the accidental burns sustained by injured Shubhangi. Thereafter at about 9.15 a.m. PW-9 PSI Chate visited S.R.T.R. Medical College and Hospital, Ambajogai and made inquiry with the concerned Medical Officer as to whether Shubhangi was in a position to give statement and the concerned Medical Officer i.e. PW-6 Dr. Upendra Kudlikar replied in the affirmative. Hence, PW-9 PSI Chate went to the burns ward and PW-6 Dr. Upendra examined the patient Shubhangi in his presence and stated that she was in a position to give statement. Accordingly, PW-9 PSI Chate recorded her statement in presence of PW-6 Dr. Upendra, who made endorsement (Exh.63) on the said statement that Shubhangi was in a position to give the statement. The said dying declaration at Exh.63 involves accused no. 1 Ramesh in the alleged crime. Thereafter PW-9 PSI Chate obtained her thumb impression thereon and returned to the police station and registered the crime at C.R. No.166 of 2005 (Exh.89) for the offences punishable under Sections 498-A, 307, 323 and 504 r/w. Section 34 of the Indian Penal Code.

(3.) Thereafter it is alleged that on 14.6.2005, PW-9 PSI Chate visited the place of the offence and prepared spot panchanama in presence of panchas i.e. PW-1 Basweshwar Kubade, which is marked as Exh.41. He also seized burnt pieces of sari, one stove, one burnt match stick and match box under the said spot panchanama. During the course of investigation, PW-9 PSI Chate arrested accused no.2 Tukaram and accused no.3 Bhagirathibai on 14/6/2005; whereas accused no.1 Ramesh, accused no.5 Rajendra and accused no.6 Daivashala were absconding. PW-9 PSI Chate also recorded statements of about ten witnesses. Thereafter he arrested accused no.l Ramesh on 15/6/2005 under arrest panchanama. He had sustained burn injuries on his fingers and his under pant was having holes of burning and burnt pieces of sari as well as his face, hands and legs had signs of burn flames. He was sent to the Hospital for medical examination and his case papers were seized. On inquiry made by PW-9 PSI Chate with accused no.1 Ramesh, accused no. 1 Ramesh produced a plastic bottle of kerosene and his under pant and same were seized under panchanama Exh.33.