NAVIN BHIMRAO BANSODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the original accused against his conviction under Section 302, 323 and 506 of Indian Penal Code and sentenced to sufer rigorous imprisonment for life and to pay fine of Rs.500/- and in default to sufer simple imprisonment for one month for the ofence punishable under Section 302 of I.P.C. He is also sentenced to sufer rigorous imprisonment for three months and to pay fine of Rs.200/- and in default simple imprisonment for 10 days for the ofence punishable under Section 323 of I.P.C. He is also sentenced to sufer rigorous imprisonment for one month and to pay fine of Rs.100/- and in default simple imprisonment for 7 days for the ofence punishable under Section 506 of I.P.C.

(2.) Facts giving rise to this appeal are that the appellant is the husband of the deceased Pushpa. Deceased Pushpa was the daughter of the maternal uncle of the accused/appellant. Their marriage was solemnized 7 years before the incident.

(3.) It is the case of the prosecution that the accused/appellant is a liquor addict. In the evening, he used to come home drunk and would assault her on trivial grounds. On 16.10.2012 at about 8.00 p.m., the accused/appellant came home drunk. The deceased questioned him as to why he had consumed liquor, thereupon the accused/appellant abused her and slapped her and said that he would get rid of her. She and her son went to sleep after having dinner. At about 12.00 in the night the accused/appellant poured kerosene on her. At that time she woke up but the accused/appellant ignited the match stick and threw it at her and ran out of the house. She ran out of the house screaming. Thereupon, the accused/appellant poured water on her and extinguished the fire.