SHYAMRAO VITTHAL POIEMWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant herein, who has been convicted by the Additional Sessions Judge, Gadchiroli in Sessions Case No. 28/1992 and sentenced to suffer imprisonment for life, has challenged his conviction and sentence in the present appeal. Charge vide Exh. 2, was framed against the appellant for having committed murder of his wife-Manglabai on 3-2-1991 at about 5 p. m. , in village Jambhali. The appellant did not pleaded guilty and came to be tried. In order to substantiate the charge against the appellant, the prosecution had examined 7 witnesses.

(2.) THE facts as unfolded in the prosecution evidence is that the deceased Manglabai, and the appellant were residing at village Jambhali. They had their own small house comprising of a verandah and a room. Deceased Manglabai used to go to the forest for collecting Gum.

(3.) IT is alleged by the prosecution that on 3-2-1992, deceased Manglabai returned from the forest at about 5 in the evening, the appellant in an inebriated condition quarrelled with deceased Manglabai and poured kerosene oil on her person, and set her ablaze. The deceased in order to save herself ran outside and her neighbourers P. W. 1 Tuljabai and P. W. 2 Vishwanath, extinguished the flames. It is alleged by the prosecution that her minor son P. W. 4 Rama was present in the house and who had witnessed the appellant setting the deceased Manglabai ablaze. It is further alleged by the prosecution that the deceased Manglabai was thereafter taken in bullock cart to the General Hospital, Gadchiroli. Head Constable P. W. 6 Vithal Aachewar, who was on duty at the General Hospital, Gadchiroli was informed by the Station Diary Incharge that a woman with burns had been admitted in the hospital, and that P. W. 6 Vithal should record her statement. P. W. 6 Vithal therefore recorded the statement of the deceased Manglabai, vide Exh. 31. This statement Exh. 31 came to be recorded on 4-2-1992 at 2. 15 a. m. On the strength of Exh. 31, P. W. 6 Vithal Aachewar, registered offence against the appellant vide Exh. 32, under section 307 of Indian Penal Code. The appellant came to be arrested by the P. W. 6 Vithal Aachewar at 2. 30 p. m. on 4-2-1992 vide Exh. 7 which is the arrest panchanama. The prosecution contends that P. W. 7 Pandurang Khobragade, who at the relevant time was working as Tahsildar, received a requisition from the Police vide Exh. 34 for recording the dying declaration of Mangalabai. Accordingly P. W. 7 Pandurang Khobragade, recorded dying declaration of Mangalabai, which is at Exh. 35. This dying declaration came to be recorded according to P. W. 7 on 4-2-1992 at 4 a. m.