ASHOK MADHU BELUSKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by the accused against his conviction under section 302 of the Indian Penal Code by the 4th Additional Sessions Judge, Thane in judgment dated 23-3-1987 in Sessions Case No. 583 of 1986.

(2.) THE charge against the accused was that on 5-8-1986 at about 8. 00 a. m. he murdered his wife by name Asha by setting her ablaze after pouring of kerosene upon her. The marriage of the accused with Asha had taken place 14 to 15 years before the incident. She was residing with him and his mother and two children at Rabodi, Shivaji Nagar, Thane. The accused was unemployed and not doing any work for earning his livelihood. He was also addicted to liquor and hence there used to be quarrels.

(3.) THE incident took place on 5-8-1986. The mother of the accused was serving in mental hospital and she was not present in the home. The accused demanded Rs. 5/- from Asha for purchasing liquor and entered into a quarrel with her. When Asha refused to give this amount the accused snatched the silver chain from the person of his daughter Sapna. Asha snatched the chain from the accused and there was a quarrel and thereafter the accused poured kerosene upon her and set her to fire.