TULSHIRAM SAHEBRAO MHASKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The Appellant being aggrieved by the judgment and order dtd. 28/11/2018 passed by the Ad-hoc Additional Sessions Judge, Link Court, Mehkar in Sessions Trial Case No. 51/2014, convicting and sentencing him to undergo imprisonment for life under Sec. 302 of the Indian Penal Code, has come in appeal before us.

(3.) The prosecution case, in brief, is as under:- Deceased Ashabai Tulshiram Mhaske was the wife of the Accused. She married the Accused prior to 16 years of the incident. From the said wedlock, the Deceased and the Accused had two daughters named Rupali and Dipali and one son by the name Suraj. On the incident date, all the three children were in school in 10th, 4th and 6th standard, respectively. On 04/10/2013, around 4 pm, PW4 Rupali requested her mother and the Accused to send her for the training boxing at Buldhana, but the Accused refused to send her out of the station. Therefore, a quarrel broke out between the Deceased Ashabai and the Accused. Thereafter, PW4 Rupali went to nature's call along with Dipali. The Deceased Ashabai and the Accused were at home. The Accused closed the door from inside, poured kerosene oil on Ashabai, and set her on fire. While Ashabai was at the blaze, she embarrassed the Accused and therefore, the Accused sustained burn injuries. Thereafter, Ashabai opened the door, came out of the house, and poured water on her body. Thereafter, Ashabai was referred to Government Hospital at Jalna, where Police Head Constable A.R. Rathod recorded her written Dying Declaration. On the same night, of 05/10/2013, Ashabai alleged to have been succumbed to her injuries in the Civil Hospital.