PRAVEENKUMAR GULABRAO CHANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction, dated 30-4-1996, passed by the II Additional Sessions Judge, Ahmednagar, in Sessions Case No. 135 of 1995, whereby the appellant has been convicted for offence punishable under section 302 of Indian Penal Code and is sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to suffer R. I. for two months.

(2.) PROSECUTION case, in brief, is that, deceased Vijaya was the wife of the appellant and the daughter of Yeshwant (P. W. 1 ). Her marriage was performed before 5 or 6 years prior to the incident. Since the time of her marriage, she was living with the appellant in the house, situated at village Rastapur. She was having two children from the appellant and both the children were living with deceased Vijaya and the appellant. Yeshwant (P. W. 1) the father of deceased is resident of village Kautha. He was residing in his house which is at a distance of about 2 fields away from the hut of the appellant. The incident occurred on 9-2-1995 at about 6. 00 p. m. On that day, deceased Vijaya had kept Dal on the hearth for the purpose of cooking. There was no flour to prepare the bread. The appellant came to the hut in the evening and told Vijaya to serve him food. Vijaya told the appellant to bring flour and then she would prepare bread. Having seen that bread was not ready, the appellant got annoyed at the deceased. It is alleged that he had picked up a tin containing about 1 to 1 and half litres kerosene oil and poured the same on the person of Vijaya, took out a burning wood from the hearth which was burning and set his wife Vijaya on fire. As soon as Vijaya caught fire, she was engulfed in the flames. She came out of the house and jumped into a pond situated near the hut to extinguish the fire. She started crying, which attracted the neighbours, namely Vatsalabai (P. W. 2) and Punja (P. W. 3) to rush towards her. It is said that she had disclosed before them that her husband poured kerosene oil on her person and set her on fire. After some time, in that state, she was shifted to Wadala, by a vehicle passing by that road and she was then admitted in the Mission Hospital at Wadala at about 7. 30 p. m. She had received 85 per cent burn injuries on her person.

(3.) DR. Prabhakar (P. W. 6) gave her medical treatment. At the time of treatment, Vijaya made a disclosure before the doctor that her husband poured kerosene oil on her person and set her on fire. The Medical Officer Dr. Prabhakar (P. W. 6) informed about the admission of Vijaya with burns all over her body to the Police Station Officer of Sonal Police Station by issuing letter Exhibit 24. After receipt of the said letter, Police Station Officer directed Head Constable Machhindra Tawle (P. W. 5) to go to the hospital and to do the needful. On 10-2-1995, Machhindra Tawle (P. W. 5) issued letter of requisition Exh. 25 to the Honorary Magistrate Mote (P. W. 4) requesting him to record dying declaration of Vijaya and thereafter he visited the hospital. He met with the injured Vijaya and recorded her statement Exh. 26. Head Constable Machhindra Tawle (P. W. 5) came to the Police Station on the same day i. e. on 10-2-1995 and submitted his report Ex. 27 along with the statement of Vijaya Exh. 26 recorded by him. P. S. I. Kurumkar (P. W. 7) was working as Police Station Officer at Wadala. On the basis of the statement Exh. 26 recorded by Head Constable Machhindra Tawle (P. W. 5), offence was registered under section 498-A and section 307 of Indian Penal Code. P. S. I. Kurumkar (P. W. 7) took up the investigation. He visited the spot and drew panchanama of the scene of offence. It is at Exh. 18. He recorded statement of some persons. On 11-2-1995, Honorary Magistrate Mote (P. W. 4) visited hospital for the purpose of recording dying declaration. On getting the information from the Medical Officer as regards the condition of deceased Vijaya, he recorded the dying declaration Exh. 20. Vijaya succumbed to the burn injuries on 12-3-1995. The Medical Officer informed the said Police Station as regards the death of Vijaya. P. S. I. Kurumkar (P. W. 7) visited the hospital and held inquest on the dead body of Vijaya in presence of two panchas and prepared inquest panchanama Exh. 14. The accused was arrested on 10-2-1995. After death of Vijaya, offence under section 307 of Indian Penal Code was converted into offence under section 302 of Indian Penal Code.