SAU. KANCHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed against the judgment and order dtd. 28/2/2019 passed by the learned Additional Sessions Judge-2, Aurangabad in Sessions Case No. 34 of 2016. By the impugned judgment and order, the appellants have been convicted and sentenced as mentioned below:-

(2.) The facts giving rise to the present appeal are as under:-

(3.) It was the birthday of Om, nephew of Sanjay(PW1) (brother's son). Preparation for celebration of Om's birthday were going on in the ground floor premises. A quarrel ensued between Sanjay(PW1) and Kanchan over a petty issue in the afternoon. Sanjay(PW1) thereafter went to sleep on the floor of his room. Sanjay and Ashok (A2 and A3) along with their parents (since acquitted), came all of a sudden. Ashok kicked on the stomach of Sanjay and abused him in foul language. They questioned Sanjay (victim), whether he was able to maintain their sister, well. All of them beat up Sanjay(PW1). Kancan fetched a jar, containing kerosene and gave it to Sanjay (A2). Sanjay slapped on his face and doused kerosene. Kanchan, then fetched a match box and gave it to Sanjay(A2). He (Sanjay A2), then set him afire. Sanjay raised hue and cry. All of his in-laws fled. Sanjay's(PW1) brother and others rushed upstairs. They first took Sanjay(PW1) to CIDCO Police Station. He was then admitted to GHATI Hospital. The police recorded Sanjay's (PW1) statement-cum-First Information Report (FIR) in the hospital. Based on the FIR, Crime No.590 of 2015 for the offence punishable under Ss. 307, 323, 504 r/w 34 of the Indian Penal Code, came to be registered with CIDCO Police Station.