PRAKASH DATTARAM CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Pradeep Gharat, Advocate for Appellant and Mrs. M.M. Deshmukh, APP for the Accused.

(2.) Challenge in this appeal to the conviction and sentence imposed upon the appellant original accused (hereinafter referred to as the accused for the sake of brevity) by the judgment and order dt. 3.02.2005 rendered by First Adhoc Additional Session Judge, Palghar in Sessions Case No.139 of 2003 thereby convicting the Accused for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.500/ , and in default payment of fine to suffer R.I. for 15 days. However, the Accused was acquitted for the offence punishable under Section 498 A of I.P.C.

(3.) The facts of the prosecution case in nutshell are as follows: The Accused viz. Prakash Dattaram Chavan, resident of Sai Smita Chawl, Sai Nagar, Nagindaspada, Nalasopara (East), Tal Vasai, Dist Thane , faced the trial for subjecting the deceased wife Priti to cruelty, physically and mentally and for murdering her by pouring kerosene on her person and setting her ablazed for the offences punishable under Section 498 A and 302 of I.P.C. It is alleged that the Accused Prakash married Priti on 19.5.2005 and they were residing along with their children in the room of Sai Smita Chawl, Sainagar, Nalasopara. It is also alleged that on 11.3.1997 at about 9.30 p.m. the Accused returned home after finishing the party and quarrel took place between him and his wife Priti on account of refusal to eat dinner by him, and thereupon the Accused was enraged and poured kerosene on her person and set her on fire by match stick. She made hue and cry due to flames and thereafter adjacent people gathered and extinguished the fire. The Accused and nearby residents removed her and admitted her to Yadav Hospital, Achole and thereafter she was shifted to Sanjivani Hospital, Virar. Her statement/dying declaration was recorded by police constable on 12.3.1997 wherein she stated that due to stove bursting while preparing food, she received burns and her husband i.e. Accused was standing outside saw her and rushed inside the room and spread the quilt on her body and extinguished the fire.