RAVAN BALU INDALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction recorded by the learned Sessions Judge in Sessions Case No. 26 of 2002 dated 17-02-2003. The learned Sessions Judge convicted the Appellant/accused for the offence punishable under Section 302 of Indian Penal Code and sentenced him to suffer R.I. for life and to pay a fine of '500/-, in default to suffer R.I. for three months. The Appellant/accused is also convicted for the offence punishable under Section 498-A of Indian Penal Code and sentenced to suffer R.I. for one year and to pay a fine of '300/-, in default to suffer S.I. for one month.

(2.) It is the case of the prosecution that the accused was residing with his deceased wife Malan and children at Kubalwada, Vengurla. According to the case of the prosecution, accused was addicted to liquor and used to quarrel with his wife and used to abuse and assault her. On 18-03-2002, he quarrelled with his wife in the morning and in the evening, he poured kerosene on the person of his wife and set her on fire by a match stick. The accused was subsequently arrested in connection with the said incident. The investigation authority after completion of investigation, submitted chargesheet in the Court of J.M.F.C., Vengurla. The learned J.M.F.C., thereafter committed the case to the Court of Sessions for trial. A charge was framed against the accused at Exh.5 and the statement of the accused was also recorded at Exh.6. The accused did not plead guilty to the charge and claimed to be tried. Trial was accordingly conducted against him. The prosecution has examined 13 witnesses. During the investigation, police also recorded two dying declarations of Malan. Learned Sessions Judge after considering the evidence led by the prosecution as well as after considering documentary evidence on record, recorded the aforesaid conviction and awarded sentence as indicated above.

(3.) The deceased Malan was the wife of the accused. The incident in question took place on 18-03-2002. The case of the prosecution is that on the aforesaid date, quarrel took place between accused and his wife and he poured kerosene on her person. The quarrel was heard by neighbours as well as mother of the deceased, who was present in the house at the relevant time. Similarly, Renuka, daughter of the deceased and one Gangubai (P.W.3) were also present in the house at the relevant time. The deceased was taken to Candy Dispensary, Vengurla and police was informed accordingly. ASI Parab visited the said hospital and inquired about the condition of health of the deceased, who was alive at the relevant time. He recorded dying declaration at Exh.22 and offence came to be registered under Section 307 and 498-A of Indian Penal Code, which was registered as C.R. No. 15 of 2002. Since the condition of Malan became critical, she was shifted to bigger hospital i.e. Kiran Hospital, Hubli, where she ultimately succumbed to the injury on 27-03-2002. Investigating authority also recorded another dying declaration on 20-03-2002, which was recorded by one PSI Chavan of Vidya Nagar Police Station, Hubli and the same was also transmitted to Venturla Police Station.