STATE OF MAHARASHTRA Vs. UMESH DIGAMBAR JADHAV

JUDGEMENT

(1.) The Appellant-State has preferred this appeal against the judgment and order passed by the learned Additional Sessions Judge, Solapur in Sessions Case No.215 of 1999 thereby acquitting the Respondent - Accused for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC).

(2.) The Respondent - Accused was the under-trial prisoner and in the custody of Magistrate in respect of the offence punishable under Section 302 of the IPC on the allegation that at about 6-30 am on 09/08/1999 at Plot No.273 of Swami Vivekanand Nagar, hatture Vasti, Solapur the Accused intentionally committed murder of his wife Meenakshi by pouring kerosene on her body and setting her on fire knowing it well that on account of pouring kerosene oil and setting her on fire, Meenakshi was likely to succumb death on account of setting her ablaze, and therefore, according to the prosecution the accused committed offence under Section 302 of the IPC. There is dying declaration (Exhibit 24) given by deceased Meenakshi in Civil Hospital Solapur when she was on verge of her death and, the said dying declaration has been treated as FIR by the prosecution while registering Crime bearing No.82/99 initially under Section 307 of IPC and subsequently converted into the offence punishable under Section 302 of IPC on account of death of Meenakshi Jadhav. According to the prosecution, in her dying declaration Meenakshi has narrated about the quarrel in between her and her husband Umesh Jadhav i.e. the Respondent - Accused in the night of 08/08/1999 and 09/08/1999. According to the prosecution, on account of the said quarrel, the Respondent - Accused under the influence of liquor committed the alleged offence for which the Accused has been charged.

(3.) After registration of offence, it appears that, the matter was investigated by PSI Lokhande (PW-4), who during the course of investigation recorded the statements of witnesses, visited the spot of incident, recovered one kerosene tin and match box and hairs of deceased from the spot of incident as also prepared panchanamas including scene of offence as also collected Post-Mortem Notes. The IO thereafter arrested the Respondent - Accused on 11/08/1999. After completing the investigation, a charge-sheet came to be filed against the Respondent - Accused. The learned Additional Sessions Judge, Solapur thereafter framed charge against the Respondent - Accused for committing offence under Section 302 of the IPC.