NARESH BHADUJI DHURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms. Sunita Paul, learned counsel appointed under the Legal Aid Scheme to appear on behalf of the appellant and Ms. Mrunal Barabde, learned APP for the respondent/State.

(2.) This appeal is directed against the judgment and order dated 09/02/2018 made by the learned Additional Sessions Judge - 2, Amravati in Sessions Trial No. 89/2016 convicting the appellant for the offense punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and pay fine of Rs. 1000/- and in default to suffer further simple imprisonment for three months. By the same judgment and order, the appellant was acquitted for the offense punishable under Sec. 498A of the Indian Penal Code. This appeal is therefore restricted to the conviction and sentence under Sec. 302 of the Indian Penal Code.

(3.) The case of the prosecution is that the appellant was addicted to liquor and used to beat and harass his wife Anju. Therefore, Anju along with her daughter Nilima used to go to her parental house for some days and thereafter used to return to the matrimonial home. On 29/01/2016, when the appellant, Anju, and Nilima were at the matrimonial home, and when Anju came to offer the morning tea to the appellant, the two quarreled and the appellant poured kerosene on Anju and set her on fire. The prosecution also accepts that the appellant tried to douse the fire and in the process burnt his hands. Anju was taken to the hospital for having sustained 74% burn injuries. There she made a dying declaration on 30/01/2016 stating that she poured kerosene on herself and the appellant lit her with a matchstick. Anju also stated that the appellant doused the fire and extinguished the same.