BHASKAR JANARDHAN SALUNKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submissions on this appeal, preferred by the appellant/sole accused, challenging the judgment and order of conviction passed by the learned Additional Sessions Judge, Shrirampur, dated 23.2.2010, in Sessions Case No.15 of 2008.

(2.) The brief facts of the case are as under:- Victim Vandana was married with appellant/ accused in the year 1994. The married couple had two children. The appellant/accused - husband of victim Vandana, was addicted to liquor and at times, used to beat her on various counts. One of such incidents of beating occurred in the evening of 8.12.2007 i.e. the fateful day. On that evening the appellant ordered his wife victim Vandana to prepare the meal and also asked her to prepare some dish containing eggs. That day, being Saturday, victim Vandana refused to cook the food containing eggs. This refusal infuriated the appellant and at that time, he was also drunk. He started abusing his wife victim Vandana in filthy language and took out the kerosene lamp and poured kerosene on the person of victim Vandana and set her on fire by igniting a match-stick. Due to such sudden incident, victim Vandana got up in the hut and started running out. She shouted for help. She fell on the ground outside the hut. Her son Nilesh came to rescue her and put quilt on her person.

(3.) Due to the incident of burning, various persons gathered on the spot. Victim Vandana was taken to Civil Hospital, Ahmednagar. Intimation was given to the Police. On the next day morning, at about 11.15, dying declaration of victim Vandana was recorded by PW 2 - Bhaskar Bhos, Special Judicial Magistrate. Said dying declaration was treated as first information report and offence was registered against the appellant for the offences under Sections 307, 436 and 504 of the Indian Penal Code ("IPC" for brevity). On the next day of registration of offence, spot panchanama was conducted, photographs of the place of occurrence were taken, clothes of the appellant were take charge of under the panchanama and statements of witnesses were recorded, including the statement of Nilesh - son of victim Vandana and the appellant. While under treatment in the hospital, victim Vandana succumbed to 87 per cent burn injuries on 2.1.2008. Apparently, she was under treatment in the hospital for about 24 days after the incident of burning. The cause of death is "Septicemia due to burn injuries." Post-mortem report was obtained. Seized articles were sent for chemical examination and on completion of the investigation, charge sheet was filed and the matter was committed to the Court of Sessions, which ended in conviction of the appellant, for the offence punishable under Section 302 of IPC. He was sentenced to suffer imprisonment for life and to pay fine of Rs.500/- in default to suffer simple imprisonment for one month. The accused was acquitted for the offence punishable under Section 436 of IPC. There is no appeal preferred by the State against the acquittal for the offence punishable under Section 436 of IPC.