STATE OF MAHARASHTRA Vs. KAILASH SAHADU SOMVANSHI

JUDGEMENT

(1.) The Appellant-State has preferred this appeal against the judgment and order passed by the learned Additional Sessions Judge, Niphad in Sessions Case No.31 of 1999 thereby acquitting the Respondent - Accused for the offence punishable under Sections 302 and 498-A of the Indian Penal Code (for short "IPC).

(2.) The Respondent - Accused has been charged for the offence punishable under Section 498-A of the IPC for subjecting Sunita, w/o Narayan Gunjal, who was brother of the wife of the accused to cruelty and harassment suspecting her chastity and further for the offence punishable under Section 302 of the IPC for committing the murder of said Sunita by setting her on fire.

(3.) The case of the prosecution, in brief, can be stated thus :- Sunita was married to Narayan Gunjal, who is the brother of the wife of accused. The house of the accused is near the house of his in-laws at village Gunjalwadi. Accused Kailas used to oftenly visit the house of his inlaws and used to harass deceased Sunita and quarreling with her by suspecting her character. It is the case of the prosecution that the accused also alleged that deceased Sunita cannot conceive a child. In the evening of 28/02/1999 at about 7.30 pm when Sunita and her mother in law Satyabhamabai were at their house, the accused went there and asked Sunita to obtain divorce as she could not conceive a child. It is alleged that in the meanwhile accused Kailas took a kerosene can and after pouring kerosene on the person of Sunita set her on fire and ran away. It is further the case of the prosecution that as soon as Sunita was set on fire, she went outside the house and extinguished the fire pouring water. She sustained 70% burn injuries. Thereafter her mother in law Satyabhama and husband Narayan called a rickshaw and carried her to dispensary of Dr. Gunjal at Vinchur Dr. Gunjal advised them to shift her to Government Hospita, Nashik. Therefore, they hired a taxi and carried injured Sunita to Civil Hospital, Nashik, where Dr. Ashtaputre (PW-8) who was on duty at that time as a casualty officer got admitted Sunita and recorded history given by her. According to Dr. Ashtaputre, Sunita had sustained 70% burn injuries. He gave information to the police and, made arrangement to record her dying declaration. The Special Judicial Magistrate Shri Gholap (PW-11) visited the Civil Hospital Nashik and after verifying the condition of the injured recorded her dying declaration in presence of Dr. Ashtaputre, wherein deceased Sunita gave statement that her Nandoi i.e. the accused Kailas set her on fire. Thereafter on 02/03/1999 on the application of Sharad Godse, who is the brother of deceased Sunita, her second dying declaration came to be recorded by the Special Judicial Magistrate Shri Wagh (PW-12) in the presence of Dr. More (PW-9) wherein Sunita disclosed the name of accused Kailas only. Then again PSI Gavade (PW-13) also recorded the dying declaration of the deceased Sunita.