SHAKUNTALABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against judgment and order dated 15041997 passed by 2nd Additional Sessions Judge, Nagpur in Sessions Case No. 464 of 1992 whereby the appellant was convicted for offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. While the Appeal remained pending, appellant no 1 died and, therefore, Appeal has abated as against the Appellant no 1.

(2.) Case of the prosecution in brief, is that the appellant is bother of Birju Joshi, who is the husband of deceased Mrs. Prabhabai Joshi. The deceased had married with Birju Joshi about 7 years prior to the incident since 22021985. Telephonic message was received by PSO Lanjewar, Head Constable of Kamptee Police Station on 461992 that Mrs Prabhabai was admitted in Ward No. 3 of Mayo Hospital , Nagpur in a burnt condition. Shri Lanjewar (PW7) went to Mayo Hospital and recorded Statement of Prabhabai. She stated that she had sustained injuries as she was preparing tea on a Stove. Thereafter, Police Head Constable had called one Executive Magistrate (PW8) who recorded dying declaration (Ex 64). Police Head Constable further recorded statement of Prabhabai and registered an offence under section 307 read with section 34 of the Indian Penal Code, upon accusations that the Appellant no 2 had caught hold of the deceased while Appellant no 1 had poured kerosene on Prabhabai and set her on fire. After death of Prabhabai the offence was converted to section 302 read with section 34 of the Indian Penal Code. Appellants and paternal aunt of of appellant no 2 were chargesheeted upon completion of investigation before the JMFC (7th Court), Nagpur, and then case was committed to the court of Sessions, Nagpur.

(3.) Charge was framed on 18111996 to which the appellant and other accused pleaded not guilty and claimed trial.