AVINASH BABURAO RAYATE Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) The appellant has challenged the Judgment and order dated 7th October 2010 delivered in Sessions Case No.192 of 2009 by the learned Sessions Judge,Nashik whereby he has been convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs.1000/- in default to suffer simple imprisonment for one month.

(2.) The prosecution case can be summarised as under : The appellant is husband of deceased Sarika Rayate. There was love marriage between the appellant and the said Sarika. They have two children out of said wedlock. Three-four years of their married life went peacefully. Thereafter, appellant addicted to liquor and he used to abuse and assault deceased Sarika. Deceased Sarika used to disclose alleged treatment given by her husband to her brother Nitin Rangnath Mahale (P.W.No.2) and he used to console her. On 16th August 2008, accused had threatened Sarika that he would kill her by burning. Hence, deceased Sarika had made N.C. with Ambad Police Station.

(3.) In the night of 3rd November 2008 at about 8.15 p.m, the appellant and Sarika were in the house at N-2/P-94, Shivaji Chowk, CIDCO, Nashik. Appellant picked up a quarrel on petty ground and then he poured Thinner on the person of Sarika and set her on fire. She sustained 47% burn injuries. Appellant himself tried to extinguish fire by putting water on the person of Sarika. In the said transaction, he also sustained injuries. Appellant took deceased Sarika to Life Care Hospital along with neighbours. Both of them were admitted in the said hospital. Information of the said incident was given to the brother of deceased Sarika viz. Nitin who rushed to the hospital. At the advice of the Medical Officer, Sarika was shifted to Shatabdi Hospital for better treatment.