STATE OF MAHARASHTRA Vs. PRABHAKAR VASANT KALKUTAKI

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment and order of acquittal dated 21st March 2002 passed in Sessions Case No.134 of 2001 by Ad-hoc Additional Sessions Judge, Kolhapur, for the offences punishable under Sections 302, 498A of the Indian Penal Code (IPC).

(2.) Narrated in nutshell, it appears from the evidence of PW9 Jotiba Malappa Malai (Exh. 28) that on 2nd March 2001, he was present in Rajarampuri Police Station and was asked to go to C.P.R. Hospital to record the dying declaration of Ujwala Kalgutaki (deceased). After verifying the mental state of the deceased, he recorded the dying declaration (Exh.23) of the deceased. It appears from Exh. 23 that the husband of the deceased i.e. respondent-accused had started beating the deceased after consuming liquor eight days prior to the incident. On 2nd March 2001, at about 10.45 a.m., the respondent-accused started abusing the deceased and slapped her. When the deceased requested him not to beat her, it is alleged, the respondentaccused in the fit of rage poured kerosene on her person and set her afire by means of a matchstick. The deceased sustained injuries all over her body and started crying. One Sushila Kalgutaki neighbour of the deceased and her husband then threw water on her person and rushed her to the hospital.

(3.) On the basis of above dying declaration, PW11 Abdul Abbas Avalkar, the then Assistant Sub-Inspector of Rajarampuri Police Station, registered Crime No.19 of 2001 under Sections 302, 498A, 504 of the IPC and handed over the investigation to PW12 Manoj Govind Patil, Deputy Superintendent of Police, Kolhapur City.