KESHAV LAXMAN CHALKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against judgment and order dated 04/06/2001 passed by learned I Ind Additional Sessions Judge, Satara in Sessions Case No. 108 of 2000 by which the Appellant Keshav Laxman Chalke was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life and fine.

(2.) THE Appellant was charged for the offence punishable under Section 302 of the Indian Penal Code along with two others i.e. original Accused Nos. 2 and 3 who were acquitted by the trial Court. All the accused were related to each other. Acquitted original Accused No. 2 Yashwant Laxman Chalke is the real brother of present Appellant and acquitted original Accused No. 3 Phulabai Yaswant Chalke is the wife of original Accused No. 2 Yashwant. Incident in question took place on 10/04/2000. The Appellant was residing along with his deceased wife Taibai and three sons. The prosecution alleges that on 09/04/2000 in the evening deceased Taibai was sitting on ota along with her children, at that time Appellant came to his house under the influence of liquor. He started abusing Taibai. It is alleged that Appellant told deceased Taibai that they should purchase bullocks belonging to his uncle but deceased Taibai rejected the said suggestion, in stead she suggested to purchase bullocks from open market. The couple started quarreling. Thereafter Appellant asked his wife Taibai to serve him food. They all went inside the house. It is alleged that a kerosene can was kept in the house. Appellant poured kerosene from the said can on the person of deceased Taibai and put the end i.e. the last portion of the saree of deceased (referred as "Padar" in Marathi and "Pallu" in Hindi) on hearth. Taibai caught fire. It is further alleged that the Appellant thereafter ran away. Due to burning sensation the deceased started shouting "save me, save me". The neighbourers gathered including PW No. 2 Parubai Chalke. They extinguished the fire. PW No. 2 Parubai Chalke asked deceased as to how the incident took place to which the deceased answered that her husband poured kerosene on her person and set her on fire. On asking reasons for her husband to do so, deceased Taibai informed PW No. 2 Parubai that the husband did so on the instigation of acquitted original Accused No. 2 Yaswant and his wife Accused No. 3 Phulabai. PW No. 2Parubai , Babanbhai, Housabai, Housabai, Kalabai and one Patil of Thoseghar brought the deceased to Civil Hospital, Satara. Taibai was admitted in hospital and Medical Officer started treatment after admission of Taibai in hospital between 2.00 to 2.30 a.m. on 10/04/2000. Prosecution Witness No. 6 Balasaheb Ganpatrao Jadhav issued a yadi to the policeman in the hospital which is at Exhibit34 on record.

(3.) ACCORDING to the prosecution, Executive Magistrate reached the hospital at around 4.30 a.m. He too enquired regarding the patient and her condition to give statement. The Medical Officer again examined the patient and opined that she was fit to give statement and an endorsement to that effect was made by the doctor on the requisition letter which is at Exhibit 28. The Executive Magistrate recorded statement of the deceased. The Medical Officer had put endorsement in respect of the consciousness of the deceased on the dying declaration (Exhibit29).