SHEIKH WAJID SHEIKH SARVAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Challenge in this appeal is to the judgment and order of conviction of appellant/accused for the offence punishable under Section 304 Part-II of the Indian Penal Code, for which the Trial Court has imposed sentence to suffer rigorous imprisonment for 5 years and to pay fine of Rs.10,000/- with stipulation of default. The appellant/accused was initially charged for the offence punishable under Section 302 of the Indian Penal Code, however, the trial Court held the accused guilty for the offence punishable under Section 304 Part-II, and imposed the sentence as mentioned above.

(3.) The prosecution case as it emerges from the record is that, the informant - Meghraj (P.W.2) was running a grocery shop at village Mungoli. On 15.12.2017, the informant filled petrol in his motorcycle at village Ghughus and also brought petrol in a plastic bottle. The informant kept the plastic bottle containing petrol on the counter of his grocery shop and went to his nearby house for taking meals. At that time, the informant's father - Yogiraj [deceased] was warming himself at coal fire infront of his shop. It is the informants' case that the accused arrived at his grocery shop and demanded bottle containing petrol to his father. Since the deceased Yogiraj refused, the accused threatened him and threw plastic bottle containing petrol in the coal fire where the deceased was seated. In the result there was ablaze in which Yogiraj caught fire. The nearby person gathered and extinguished the fire. Yogiraj sustained severe burn injuries, hence he was shifted to hospital.