KAMLESH BHIMRAO KATOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant impugns a judgment and order dated 2nd July, 2014 in Sessions Case No.333 of 2012, whereby he is convicted for the offence punishable under sections 302, 498-A and 504 of the Indian Penal Code, 1860 (for short, "IPC"). For the offence punishable under section 302 of IPC, the appellant is sentenced to suffer rigorous imprisonment for life with fine of Rs.3,000/-, in default, to undergo further imprisonment for three months; for the offence punishable under section 498-A of IPC, the appellant is sentenced to suffer rigorous imprisonment for two years with fine of Rs.1,000/-, in default, to undergo further imprisonment for two months and for the offence punishable under section 504 of IPC, the appellant is sentenced to suffer rigorous imprisonment for one year with fine of Rs.500/-, in default, to undergo further imprisonment for one month. The trial Court has directed to run all the sentences concurrently.

(2.) The case of the prosecution is that the appellant and deceased Smt. Jaya (for short, "Jaya") were married three years prior to the incident. Both were living in a rented premises at Rajangaon. On 29th August, 2012, the appellant had beaten Jaya with belt and fist blows on trifling reason. On 30th August, 2012, at around 11.00 a.m. there was quarrel between appellant and Jaya. At around 3.00 p.m., appellant started abusing Jaya without any reason, hence Jaya asked him, why he was harassing her without any reason. Then the appellant told Jaya to pour kerosene on herself. When she poured kerosene, appellant again instigated to pour more kerosene on herself. She again poured more kerosene on herself, then the appellant set her on fire by lighting matchstick. Immediately, the appellant poured water on her and with the help of mattress doused fire and ran for help and got her admitted in GHATI hospital, Aurangabad. While under treatment, the statement of Jaya came to be recorded by the Police Constable-PW-9-Shaikh Mohammad. On the basis of that statement, the crime was registered under sections 307, 498-A and 504 of IPC against appellant. After filing the first information report (for short, "F.I.R."), appellant was arrested on 31st August, 2012. Jaya's statement was also recorded by the Special Executive Magistrate-PW-11-Krishna Shinde. Unfortunately, while under treatment Jaya passed away on 4th September, 2012. Crime under section 302 of IPC came to be added in the matter.

(3.) After completing the investigation, the charge-sheet was filed against the appellant. The case was committed to the Sessions Court in usual manner. The case was tried by the learned Additional Sessions Judge, Vaijapur. The appellant abjured his guilt and desired to face the trial.