PRAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction and sentence inflicted upon the appellant (original accused no.1) by judgment and order dated 5.12.2009, rendered by the learned Additional Sessions Judge, Parbhani, in Sessions Trial No. 24 of 2008, convicting the appellant under Section 304 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs.2,000/, in default of payment of fine to suffer S.I. for one month.

(2.) The factual matrix of the prosecution case can be summarised as under :It is the case of prosecution that deceased Shobha i.e. victim herein was the wife of appellant herein and she was residing with the appellant along with her three children in her matrimonial home at Pimpalgaon, Taluka Jintur. The marriage between deceased Shobha and accused no.1 was solemnized about eight years back from the date of incident. It is alleged that the appellant herein used to assault victim Shobha under the influence of liquor frequently. It is also alleged that about prior to eight days of the date of occurrence of the incident, the appellant made scene in the house under the influence of liquor and he sold grains and fire wood from the house to the liquor seller when deceased Shobha was at the house of her parents. Thereafter deceased Shobha returned to her matrimonial home after learning the said incident from her motherinlaw. On 12.10.2007, at about 8.00 a.m., the appellant under the influence of liquor demanded money from deceased Shobha to purchase liquor, but deceased Shobha refused therefor. Thereupon the accused assaulted her by slaps and fist blows and stated that he would finish her, and accordingly, poured kerosene on her person and set her ablaze and thereafter fled away. Hence, victim Shobha raised shouts. Thereupon the neighbours extinguished the fire and removed her to the Civil Hospital, Parbhani by jeep.

(3.) It is also the case of the prosecution that PW14 A.S.I. Abdul Wahid was on duty police Chowki Amaldar at Police outpost Civil Hospital, Parbhani on 12.10.2007 from 8.00 a.m. to 8.00 a.m. He received M.L.C. letter from Nanalpeth police station stating that a burnt lady namely Shobha Prakash Chavan was admitted in Civil Hospital, Parbhani and he was instructed to record her statement. Accordingly, he contacted the Casualty Medical Officer and went to burns ward along with the Medical Officer and saw the patient, but she was not in position to speak and said doctor made endorsement on the M.L.C. (Exh.64). Again after about one hour on the same day, PW14 Abdul Wahid contacted the doctor and went to burns ward and saw the patient and she was found conscious and fit to give the statement and doctor made the endorsement accordingly and thereafter PW14 Abdul Wahid recorded the statement of said patient Shobha Prakash Chavan on 12.10.2007 at 1.20 p.m. as per her narration and version and obtained her thumb impression of right hand which was not much burnt and he countered signed it (Exh.65) and after obtaining doctor's endorsement, he submitted the said statement to Nanalpeth police station along with covering letter dated 12.10.2007 (Exh.66) and same was sent to Bamni police station and it was treated as the first information report and C.R.No. 77 of 2007 was registered at 1730 hours for the offences punishable under Sections 307, 323, 506 r/w 34 of the Indian Penal Code on 13.10.2007.