MURALIDHAR SHRAWAN GOMASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for murder of his wife by burning and has been convicted of the said charge by learned Additional Sessions Judge, Wardha vide impugned judgment dated 29-1-1997, which is the subject-matter of challenge in this appeal.

(2.) THE prosecution case, in brief, is that there used to be quarrels between the appellant and his wife and at some stage the appellant had tried to push his wife into the well due to which she had gone to her parents house. The appellant, however, assured the parents of his wife that he would not henceforth assault her. A few days prior to Diwali in the year 1995, there was a quarrel between the appellant and his wife Lata. The reason for the quarrel was the sum of Rs. 400/- kept by the appellant with his wife Lata and the appellant demanded the said amount. His wife returned him Rs. 300/- and told him that she had spent Rs. 100/- for the clothes of the children. The appellant insisted that she should return the said amount of Rs. 100/- as well but since she had not returned the same, the appellant assaulted her. Thereafter, the appellant and his wife went to the field. After return from work, the appellant again picked up quarrel with Lata on account of non return of Rs. 100/- and told Lata to pick up kerosene can and to pour on her person in case she is from a reputed family. Lata refused to do so, upon which the appellant poured kerosene from the can on the person of Lata and set her on fire. As a result of burning, Lata suffered 100 per cent burns and was admitted into the hospital on 22-10-1995 at about 10 to 10:45 p. m. The police had sent requisition to Naib Tahsildar. On 23-10-1995, at about 1:30 a. m. , Naib Tahsildar gave requisition to the Medical Officer for certifying the condition of the patient in order to record the dying declaration. The Medical Officer, after examining Lata, endorsed on the requisition that she was not in a condition to give statement. Subsequently, on 24-10-1995, at about 9:30 a. m. , the Naib Tahsilder again gave requisition to the Medical Officer for certifying the condition of the patient. The Medical Officer examined Lata and found that she was in a condition to give the statement. He, therefore, recorded the dying declaration of the deceased who stated as to how she was burnt by the appellant. Besides the dying declaration, the deceased made oral dying declaration to her relations who had arrived in the hospital in the meantime. Lata died due to 100 per cent burns on 25-10-1995.

(3.) THE prosecution had examined 14 witnesses to prove its case. In defence, the accused examined himself and his brother and the stand taken by the appellant was that he was not present in the house at the time of the incident. He was called from the field by his brother (D. W. 2) and at that time he saw that his wife was burning and he tried to extinguish fire.