MOHAMMED KASAM RAJMANI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed under Section 374 (2) of Cr. P.C. is directed against the order of conviction and sentence passed under Section 302 of IPC by the learned Additional Sessions Judge, Greater Mumbai in Sessions Case No. 1081 of 2001 on 19/7/2003 and the appellant accused has been sentenced to suffer RI for life and to pay a fine of Rs.2000, in default RI for three months. The appellant came to be arrested on or about 12/7/2001 and he is continuously in jail since then.

(2.) As per the prosecution case, the appellant and his wife Shabinabanu were together in their house on 12/7/2001 and at about 3.30 p.m. Shabinabanu asked for money to buy some medicine for her, as she was not well. He avoided to give, despite repeated requests. Therefore, she questioned the intentions of the husband and told him that if he did not wish to give money to buy medicine for her, it is better that he killed her. On these utterances, the accused got annoyed and picked up the kerosene stove and poured kerosene on her person. A burning matchstick was thrown by the accused on the person of Shabinabanu, her dress (chunidar kurta paijama) caught fire. She raised hue and cry and the neighbours arrived at the scene. The neighbours put a chaddar around her and the accused, with the help of the neighours, admitted her at Rajawadi Hospital around 5 p.m. While under treatment, Shabinabanu died of burn injuries on the next day at about 1.45 p.m. and in the meanwhile, on the basis of her statement recorded by PW 4 Dalpat Sabale, PSI, FIR at Exh. 17 came to be registered for the offence punishable under Section 307 of IPC ( C.R. No. 94 of 2001). PW 1 Prabhakar Yeshwant, Special Executive Officer, visited the Rajawadi Hospital and recorded the dying declaration of Shabinabanu (Exh. 9). She had disclosed to PW 1 as well as PW 4 that her husband had poured kerosene on her and thrown a burning matchstick on her person in which she sustained burn injuries.

(3.) The dead body of Shabinabanu was sent for post mortem on 13/7/2001 and PW 2 Dr. V. H. Vihyurkar conducted the post mortem and signed the PM notes at Exh. 11. The clothes of the accused as well as deceased (burnt pieces) along with the articles collected from the spot while drawing the spot panchanama at Exh. 18 were sent for chemical analysis and the report was received at Exh. 23 collectively. On the demise of Shabinabanu, the offence was amended to Section 302 of IPC. On completion of the investigation, charge-sheet was filed.