LAHU GOVIND SHINGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The conviction of the appellant for committing murder of one Shakuntala Raghunath Yede by pouring kerosene and setting her on fire on 6th November, 2003 at 16.00 hours in her house at Shramjivi Nagar Zopadpatti, Chembur, Mumbai and thereby causing her burn injuries, ultimately resulting in her death at 23.35 hours; and sentence imposed for the same by judgment and order passed on 15th December, 2005 by IVth Adhoc Additional Sessions Judge, Sewri, Mumbai in Sessions Case No.273 of 2004 is subject matter of the present appeal. The appellant is sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- and in default to undergo further R.I. for six months.

(2.) According to the prosecution police constable Suryakant Sane (P.W.6) while on duty on Nehru Nagar Wireless Mobile Van No.1 on 6th November, 2003 at about 15.30 hours received the wireless message from control room that one women was burned in Shramjivi Nagar, Eastern Express Highway, Mumbai. P.W.6 went to said place and found a women in burned condition lying on road with blanket on her person. They brought her to Rajawadi Hospital in police van. The doctors in casualty after examination admitted her for treatment .

(3.) According to prosecution Shakuntala during said statement told that she was residing alongwith her unmarried daughter Surekha (P.W.4), son Sandeep and another son at Shramjivi Nagar Zopadpatti, Chembur, Mumbai. Her other married daughter was residing at Ghatkopar alongwith her husband. Her husband had passed away about 12 years back and he was then serving with Bombay Municipal Corporation, Shakuntala had got job in said Corporation on compassionate ground. Since last four years she had developed intimate relationship with the appellant, residing by the side of her room and working with private employer. She used to help him while in need. The appellant was demanding Rs.50,000/- from her, however, she had refused to pay as she was not having such amount.