STATE OF MAHARASHTRA Vs. SAMPAT BAYAJI THORAT

JUDGEMENT

(1.) By this Appeal the Appellant/State challenges the acquittal recorded in favour of the Respondents/accused under Section 302 read with 34 of Indian Penal Code by the 3rd Additional Sessions Judge, Satara in Sessions Case No.35 of 1994 on 17th January, 2000.

(2.) The prosecution case in nutshell is that, Malan Lade was staying with her family consisting of husband Abasaheb, daughters Jyoti, Anjali and Mohini. Abasaheb was the Chairman of the housing society. Since he was not feeling well he asked accused No. 1 Sampat Thorat, their neighbour, to look after the work of the society. The relations between the Lade and Thorat families were cordial and they were frequently visiting each other's house. 5-6 years before the incident, accused No. 1 Sampat had taken gold ornaments i.e. necklesses (mohanmall and bormal), 2 golden rings from Abasaheb for purchase of plots in the said colony/society. He collected money from other members also but did not allot plots to them. The persons who had paid money, were insisting Absaheb to either allot plot or return their money, but accused No. 1 was not paying any heed to the requests of the members of the society. Malan was repeatedly asking accused No. 1 to return the ornaments. 4-5 days prior to the incident, accused No. 1 visited the house of Lade. At that time, Malan asked him about the ornaments or plot. Accused No. 1 told her that he will give decision on Friday.

(3.) On Friday dated 12th November, 1993 Abasaheb left home for his service. Accused No. 1 visited the house of Malan at around 10.30 am and went away after waiting for some time. He returned on 12.30 noon. At that time, the inmates of Malan's house i.e. her daughters were preparing sweets for Diwali festival. At about 3.00 pm accused No. 1 again came and called Malan to his house. Daughters of Malan who were present in the house, thought that Malan must have gone for discussing about the plot. 15-20 minutes thereafter, accused No. 2 son of accused No. 1, came to them and called Anjali to come to his house. When Anjali and Jyoti went to the house of accused, she found her mother Malan had sustained burn injuries and she was shouting that accused No. 1 had set her on fire. Accused No. 1 took Malan to Krishna Hospital. Thereafter, Anjali and Jyoti went to the police station to lodge complaiannt, where they came to know that official from the Tahsildar office was deputed to record the statement of their mother. Thereafter, Anjali and Jyoti proceeded to Krishna Hospital. On seeing them, Malan started shouting that accused No. 1 poured kerosene and set her ablaze. While taking treatment, Malan succumbed to burn injuries on the next date i.e. 13th November, 1993. Yuvraj Kamble on 13th November, 1993 came and told them that he has seen the incident of accused pouring kerosene and setting Malan on fire. One Dhanaji also told them same thing. Anjali thereafter went to the police station on 13th November, 1993 and lodged complaint against the accused persons which was registered at C.R. No. 218 of 1993 at Karad police station.