SHOBHA JAHANGIR SHINDE @ BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants Shobha and Jahangir, wife and husband, have filed this Appeal challenging the judgment rendered by the Additional Sessions Judge, Solapur, convicting them for the offences punishable under Sections 302, 323, 494, read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced them to undergo imprisonment for life and pay fine of Rs.1000/-, in default both the accused to undergo rigorous imprisonment for six months.

(2.) The incident in brief is that on 20 January, 2011, at around 8.00 p.m., PW-5 Sunil Gopinath Lohkare, the Investigating Officer ('IO' for short) received a phone call from PW-1 Nandu Shinde. PW-1 Nandu Shinde informed PW-5 IO that deceased Lalita, second wife of appellant No.2 Jahangir, suffered burn injuries on her person. On reaching the spot, PW-5 IO inquired with Lalita about the incident. Lalita was sitting in front of her house and had sustained burn injuries. Lalita narrated that on her returning from the market, the appellant No.2 - Jahangir accompanied with appellant No.1 - Shobha, came with a can of kerosene. The appellant No. 2 Jahangir picked up a quarrel with Lalita saying that she is spoiling their reputation by coming home late. The appellant No.2 - Jahangir poured kerosene on the person of Lalita and Shobha lit the matchstick. Lalita further narrated that both the appellants ran away from the spot after removing the tin sheets of the house. PW-5 IO asked PW-4 Police Head Constable Burange to record the complaint. The First Information Report ('FIR' for short) -cum-complaint is at Exhibit 26. This is the first dying declaration. The deceased Lalita was referred to Primary Health Center ('PHC' for short) at Vairag. PW-4 accompanied her. On the strength of the FIR - Exhibit 26 then PSO Vairag Police Station registered the Crime No.10 of 2011 under Sections 307, 323 read with Section 34 of the IPC at 21:45 hours.

(3.) The spot panchanama - Exhibit 18 was prepared on 21/1/2011. The statements of the witnesses i.e. PW-1 Nandu Shinde, PW-3 Tanaji Gavali and PW-4 Police Head Constable Burange were recorded on 21/1/2011. PW-1 Nandu Shinde and PW-3 Tanaji Gavali are the neighbours of the deceased Lalita.