STATE OF MAHARASHTRA Vs. VISHNU DAGADU GAIKWAD

JUDGEMENT

(1.) This appeal has been preferred by the State challenging the judgment and order of acquittal dated 17th May, 2003 passed in Sessions Case No. 35 of 2002 by learned Sessions Judge, Nashik for the offences punishable under Sections 302 and 451 read with 34 of the Indian Penal Code, 1860 (for short "IPC").

(2.) The prosecution case in short is that, on 13th April, 2002 the informant had been to Trimbakeshwar in order to fetch his daughter. At about 6.45 p.m. in the evening, one Vishnu More of informant's village informed the elder brother of the informant that his sister-in-law i.e. wife of informant had sustained burn injuries. Therefore, all of them rushed to Civil Hospital, Nashik. The informant found that his wife, namely, Ramabai (since deceased) was totally burnt. At about 11.05 p.m. in the night she succumbed to burn injuries.

(3.) On 14th April, 2002 after performing the last rites, the informant and others enquired with informant's sons, namely, Mohan (PW-4) and Chandrakant (PW-2) as to how it had happened. Chandrakant (PW-2) then informed that his brother Mohan (PW-4) had gone to village and at the relevant time, he and deceased were in the house. On 13th April, 2002 at about 6.00 p.m., the villagers, namely, Balu Vishnu Gaikwad (A-2) and Vishnu Dagadu Gaikwad (A-1) visited their house and demanded contribution to celebrate Ambedkar Jayanti. As the deceased expressed inability, the accused got annoyed. A-2 then got caught hold of the deceased by her saree and A-1 after catching out her both hands poured kerosene and set her ablaze.