RAJU DATTARAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original accused has preferred this appeal being aggrieved by judgment and order dated 07.12.2005 passed by learned 2 nd Ad hoc Additional Sessions Judge, Pusad in Sessions Trial No.17 of 2004. By the said judgment and order the learned Sessions Judge convicted the appellant for the offence punishable under Section 302 of the Indian Penal code and sentenced him to suffer rigorous imprisonment for life and fine of Rs.One Thousand in default to suffer rigorous imprisonment for three months.

(2.) The prosecution case, briefly stated, is as under : Pramila, who was daughter of P.W. 2 Shakuntala, was married to the appellant. After her marriage Pramila resided with her husband at Adarsh Nagar, Pusad. Pramila and appellant had four issues out of their wedlock. For 2 3 years after the marriage Pramila was treated properly, however, thereafter the appellant started ill treating and harassing her. The appellant was unemployed and Pramila was working as maid servant. The appellant was addicted to liquor and under the influence of liquor he used to beat Pramila and also demand money from Pramila for liquor. On 29.01.2004 the appellant again demanded money from his wife Pramila for liquor. As Pramila did not give money the appellant poured kerosene on Pramila and set her on fire. He then came out of the house, latched the door from outside and went away. Someone informed P.W. 2 Shakuntala about the incident at about 4.00 p.m. hence, she rushed to the house of her daughter. Her daughter narrated the entire incident to her. Then Shakuntala took her daughter to hospital. In the hospital dying declaration of Pramila came to be recorded by P.W. 1 Executive Magistrate Shri Meshram. In the dying declaration Pramila stated that her husband demanded money for liquor. She gave him Rs.20/ , however, he demanded more money from her, as Pramila refused, the appellant developed anger against her and poured kerosene on her and set her on fire. The said dying declaration was treated as First Information Report (Exh.32). Thereafter investigation commenced. Pramila died on 31.01.2004. Thereafter the case was converted from 307 to 302 of the Indian Penal Code. Dead body of Pramila was sent for post mortem. It was found that Pramila died on account of 98% burn injuries. After completion of investigation charge sheet came to be filed. In due course the case was committed to the Court of Session.

(3.) Charge came to be framed against the appellant/ original accused under Section 302 of the Indian Penal Code. The appellant pleaded not guilty to the said charge and claimed to be tried. His defence was that of total denial and false implication. After going through the evidence adduced in this case the learned Sessions Judge convicted and sentenced the appellant, as stated in paragraph 1 above, hence, this appeal.