RAMESH NATTHUJI WASNIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The order of conviction for commission of offence u/s 302 r/w 34 of IPC and sentence of life imprisonment with a fine of Rs. 500/- and in default R.I. for 1 month imposed upon each of the appellant by learned Sessions Judge, Amravati in Sessions Trial No. 41/2000 is subject matter of the present appeal. Each of the appellant along with absconding accused Naresh/Narendra at said trial were charged and tried for committing murder of Sau. Indira, wife of said absconding accused Naresh/Narendra in furtherance of their common intention, by pouring kerosene on her person in her house at about 5.00 pm on 13.11.1999 and setting her on fire and thereby causing her burn injuries resulting in her death on 25.11.1999 at Mayo Hospital, Nagpur.

(2.) The facts, in brief, leading to the said prosecution and conviction are as under :

(3.) It is main prosecution case that on 13.11.1999 appellant no.1, his wife appellant no.2 along with Sudhakar had been to house of Indira at village Amner and had picked up quarrel on the count of non payment of said amount. Both the appellants had beaten Indira with kicks and blows. Ultimately, appellant no.2 from the bottle at the said place had poured kerosene on person of Indira and appellant no. 1 had set her on fire and both of them had ran away. Her husband - absconding accused Naresh/Narendra then out of the house came in and had tried to extinguish the fire and in the process had received burn injuries to hand. He along with one Vasant Borkar had taken her to Mayo Hospital at Nagpur. PW7 Ramakant Tripathi on duty at the said Hospital after giving requisition Exh.46 to the Medical Officer and obtaining his endorsement thereon of Indira being fit to give a statement had recorded her first dying declaration Exh.47. On the basis of the said statement on 14.11.1999, Crime No. 0/99 was registered at Tahsil Police Station.