SHIVLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The judgment and order of conviction dated nd July, 2005 passed by Additional Sessions Judge, Khamgaon convicting the appellant for committing murder of his wife Maina by pouring kerosene on her person and setting her ablaze on 19 th May, 2004 and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/- and in default to suffer further R.I. for 3 months is subject matter of present appeal. The appellant was2 charge sheeted by Police Station, Kalamb for commission of such an offence as a result of the investigation effected of FIR No.24/2004 registered on 19/05/2004 at said Police Station on the basis of written report (Exh.8) given by Police Constable Sanjay Deshmukh (PW1) attached with said Police Station of Jalamb Police Station on the basis of dying declaration (Exh.23) of victim Maina collected by him from General Hospital, Khamgaon.

(2.) Such of the facts as found necessary for decision of present appeal are as under:- The elder daughter Maina of Arjun Raoji Dabhade (PW2) and Mankarna Dabhade (PW 3) married with the appellant at Shegaon on 4.4.2004 on the next day had returned from marital house at Kurkheda to her parental house at Chincholi and after staying for 4-5 days had returned to her marital house. She had again been to her parental house on 10.5.2004 and after staying till 17.5.2004 was sent back to Kurkhed along with the elder brother of the appellant. Maina during her said stay with parents had disclosed to them and her close relatives that appellant frequently used to tell her that he was disliking her and was not taking food prepared by her. The brother of appellant on 19.5.2004 at 6.30 hours apprised her parents by telephone that Maina was admitted at General Hospital, Khamgaon. Her parents and close relatives thereon had rushed to the said hospital on same day. Upon PW2 and PW3 asking Maina at the hospital as to how she had suffered burn injuries, Maina had disclosed that her husband-appellant had poured kerosene on her person at 5.00 hours and then had set her ablaze. Naib Tahsildar, Khamgaon Mr. Manishkumar Gaikwad (PW6) on 19.5.2004 during 7.37 to 8.07 hours in presence of Dr. Anil Naik (PW7) treating her had recorded dying declaration of Maina who was admitted at General Hospital, Khamgaon and sustained 66 % burn injuries, wherein she had disclosed that at her marital house at 5.00 hours on 19.5.2004 her husband-appellant had poured kerosene on her person and thereafter set her ablaze and upon herself raising alarm, elder brother of her husband and his wife had brought her to the said hospital for medical treatment.

(3.) Upon report Exh.8 given by PW1, Mohd. Jahir Patel (PW8), PSO at Jalamb Police Station, had registered aforesaid crime for offence under Section 307 of IPC and effected investigation which included drawing of spot panchanama (Exh.26) and seizure of ash of burn clothes, sample of kerosene mixed earth and simple earth, match-box burn sticks and kerosene bottle etc. from the spot, and sending the same to Chemical Analyser, recording of statement of victim on 20.5.2004. After victim Maina succumbed to injuries sustained at 1.00 hours on 21.5.2004, the offence u/s 302 of IPC was added to the crime registered. The further investigation carried by him included drawing of inquest panchanama (Exh.21) on the same day and sending the corpse to the autopsy to General Hospital at Khamgaon at which the same was performed by Dr. V.V. Jadhao (PW4) and Dr. S.K. Sirsat and collection of autopsy note (Exh.15) regarding the same and recording of the statements of the witnesses. After completion of further investigation in the crime, PW8 had submitted the charge sheet for offence under Section 302 of IPC triable by the Court of Session against the appellant in the Court of the Judicial Magistrate First Class, Shegaon.