RAJU DADU LONDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal challenge is to the judgment and order dated 20 October 2012 passed by the learned Sessions Judge, Pune, whereby the learned Sessions Judge convicted the Appellant for offences punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs.500/- (Rupees Five Hundred Only) and in default to undergo R.I. for six months. The facts are as follows :-

(2.) The deceased Varsha was the wife of the Appellant. The Appellant and deceased with their two children, namely, Prathmesh and Roshan, used to reside at servants ' quarter of Bungalow No. A-19, B.R.C.H.S., Phase-II, Dhanorigaon, Pune, owned by Ashok Singh. The deceased used to do household work at the said bungalow under the supervision of Suman Singh, wife of Ashok Singh. The Appellant used to do painting work.

(3.) It is the case of the prosecution that the Appellant is addicted to liquor and he used to quarrel with the deceased frequently. The incident in question occurred on 7 May 2011. It is the case of the prosecution that on 7 May 2011, at about 10.45 p.m., after dinner, the Appellant picked up quarrel with the deceased on domestic reason. The deceased requested him not to quarrel with her. The Appellant got annoyed. The Appellant doused the deceased with kerosene available in the can at the house and set her ablaze by throwing a burning matchstick on her person. The deceased ran out of her house in burnt condition. She fell near the parking area of that bungalow. After hearing commotion and shouts, Suman Singh and her husband Ashok Singh rushed to the spot. They extinguished the fire on the person of the deceased. Suman informed the police on phone. Suman and her husband, instead of waiting for police to come, decided to take the deceased to the hospital. The couple, in their four wheeler took the deceased to Sasoon Hospital, Pune for medical treatment. It is the case of the prosecution that on the way to hospital, the deceased Varsha, disclosed to Suman Singh that her husband Raju, the Appellant herein, poured kerosene on her person and set her on fire and caused her burn injuries.