DEORAO KESHAORAO CHAWRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for murder of his wife by pouring kerosene and setting her on fire under section 302 of the Indian Penal Code. The appellant denied the charge and the prosecution examined in all 18 witnesses in support of the charge.

(2.) THE prosecution case, in brief, is that the appellant was suspecting the character of his wife and used to beat her after taking alcohol. On 31-7-1996 between 8. 00 and 9. 00 p. m. , the appellant under influence of liquor, assaulted the deceased, pouring kerosene on her and set her on fire. The appellant and the deceased were the only persons in the room in question where the incident is said to have taken place. Their children were sleeping outside in the verandah. After the deceased was set on fire, the deceased tried to go out of the house, but the appellant prevented her and ultimately she forcibly came out the house and jumped into the tank where there was water. The father-in-law of the deceased as also the children of the deceased met the deceased when she came out in burning condition. The deceased was taken to the hospital, but the appellant did not accompany them. In the hospital, her statement was first recorded by Head Constable and dying declaration was recorded by the Executive Magistrate. Subsequently also one more dying declaration was recorded by the Head Constable. The deceased died on 4th August, 1996 in the hospital at Nagpur.

(3.) THE case of the appellant that he is not at all involved in burning the deceased and his case is that while he was sleeping in the room, the deceased was sleeping in the kitchen. At about 11. 00 p. m. , the deceased shouted after which his son Hiraman jumped from the wall and came inside the room, after which both of them extinguished the fire and in the process, the appellant also suffered burn injuries on the leg. According to the appellant, the deceased was unconscious and did not talk with anyone. She was taken to the hospital, but he could not accompany her since by the time he came after changing his clothes, they left for hospital. On the next day morning, he came to the hospital. The deceased was throughout unconscious and doctor had taken her false statement and thumb impression.