ANANT NATHU MANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal assails the judgment and order of the Additional Sessions Judge, Mangaon, District Raigad convicting the appellants of the offences punishable under Sections 307, 506, 504 all read with Section 34 of I.P.C. in Sessions Case No. 68 of 2008 on 29.9.2010.

(2.) Impugned judgment dealing with the incident of throwing burning kerosene lamp by the appellant-accused no.2 Alka on the complainant Rakesh, 18 years student residing at village Mulshi, Taluka Sudhagad preceded by hurling of abuses and insults by the appellantsaccused in the evening of Holi day i.e. 18.3.2008 gave rise to the present case. As a result of the said acts of the appellants-accused, the prosecution contended, the terricot shirt of the victim Rakesh caught fire and consequently the victim sustained 25 to 30% burn injuries on the chest, abdomen and hands. At the Primary Health Centre situated at Jambool Pada, where the victim was initially removed, the police recorded the statement of the victim, and following thereto, registered a crime at C.R.No. 13 of 2008 for the offences punishable under Sections 307, 504, 506 all read with Section 34 of I.P.C. at Pali Police Station, Sudhagad, Raigad against the appellants-accused. Soon thereafter, the incriminating articles were recovered from the scene of offence and the observations made there were recorded in form of a scene of offence panchnama. A map of the spot was drawn and the incriminating articles were referred to the Chemical Analyser for further forensic investigations. On completion of the investigation, the charge sheet was duly lodged in the Court of Judicial Magistrate F.C. Pali. In due course, the case was committed to the Court of Sessions at Mangaon and the charge under Sections 307, 504, 506 read with Section 34 of I.P.C. was framed on 23.6.2009 at Exh. 9. The accused pleaded not guilty and claimed to be tried.

(3.) To prove the case, the prosecution examined the complainant/ victim-PW-1 Rakesh Mankar; PW-2- Dr. Dhananjay Oswal, PW-3- Shankar Sable, PW-4- Mahesh Mankar, Eye-witness PW-5-Ashwini Mankar, PW-6 Dr. Vikram More, Medical Officer, Kamal Nursing Home, Pune and PW-7-Subhash Tarte- Investigating Officer and further adduced in evidence the complaint at Exh. 19, medical certificate issued by Rajendra Polyclinic at Exh. 21, sketch of the scene of offence at Exh.23, certificate issued by Kamal Nursing Home at Exh.29, letter to Tahasildar at Exh. 36 and MLC certificate at Exh. 44.