RAJENDRA NAIK Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted, for an offence punishable under Section 306 of the Indian Penal Code and is sentenced to undergo rigorous imprisonment for 5 years and for payment of fine of Rs. 2,000/ -, in default Simple imprisonment for two months. It is this conviction and sentence which is assailed by the appellant in the present appeal.

(2.) THE facts necessary for the decision of the appeal are set out hereunder : The appellant was married to the deceased on 18th April, 1998. The appellant was working as a Chemist in Tulip Company at Bambolim. After their marriage, the deceased Lata and the appellant started residing near a temple at Santa Cruz and thereafter shifted their residence to Merces. They had last resided at Calapur. The prosecution has alleged that since the solemnization of marriage, the appellant was treating his deceased wife Lata with cruelty and, therefore, the deceased on 5th November, 1998, poured kerosene oil on her person and set herself ablaze. The deceased Lata had suffered 89% burns. The deceased ultimately succumbed to her burn injuries on 9th November, 1998. A dying declaration of the deceased at Exh,. 22 came to be recorded by P.W. 9, Vinayak Alornekar, Special Judicial Magistrate.

(3.) THE learned Trial Judge had framed a charge against the appellant for an offence punishable under Sections 498 -A and 306 of the Indian Penal Code. The appellant had pleaded not guilty to the said charge and had claimed to be tried. In support of its case, the prosecution had examined 12 witnesses and the appellant had examined D.W. 1 Bosco Gonsalves as his witness. The evidence of the prosecution tendered through these witnesses can be grouped in the following categories : A - PANCH WITNESSES (i) Girish Naik - in whose presence scene of the offence Panchanama at Exh. 7 was recorded. (ii) P.W. 5, Gururaj Joshi - in whose presence Inquest Panchama at Exh. 16 was recorded. (iii) P.W. 11, Karan Singh, Deputy Collector and S.D.M., Panaji, who had conducted the Inquest Panchanama. B - MEDICAL EVIDENCE (i) P.W. 2, Dr. E.J. Rodrigues, who performed post mortem and the report is at Exh. 9. C - WITNESSES RELATED TO DECEASED (i) P.W. 3, Govind Rai Naik, paternal uncle of deceased. (ii) P.W. 4, Shivram Naik, father of deceased, (iii) P.W. 6, Laxmi Naik, mother of deceased. (iv) P.W. 7, Anthony Raposo, owner of the house where accused and deceased last resided, and (v) P.W. 8, Suhas Naik, elder brother of deceased. D - WITNESS ON DYING DECLARATION P.W. 9, Vinayak Alornekar, Special Judicial Magistrate, who recorded dying declaration at Exh. 22. E - POLICE OFFICERS P.W. 10, Baburao Sanadi. P.W. 12, Anandu Naik.