KAILAS AMBAJI MHASKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned respective counsel for the parties.

(2.) Present appeal is directed against the conviction and sentence imposed upon the Appellant (Original Accused), (hereinafter referred to as the Accused for the sake of brevity). By judgment and order dated 30 th December, 2004 rendered by Learned III Ad hoc Additional Session Judge, Thane in Sessions Case No.268 of 2004 thereby convicting him 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/ in default to suffer further S.I. for one month. However, the Accused was acquitted for the offence punishable under Section 498 A of Indian Penal Code by the said judgment.

(3.) Briefly stated the facts of the prosecution case are as follows: The Accused viz. Kailas Ambaji Mhaske faced the trial for the offence punishable under Section 498 A and 302 of I.P.C. on the accusation that he subjected his wife Sou Changuna (deceased victim) cruelty with a view to coerce her to meet his demand for money and on 21 st January, 2004 at about 8.00 p.m. set her on fire by pouring kerosene on her person, due to which she was succumbed to burn injuries of 46% on 20 th February, 2004.