RAJENDRA SHRIHARI SARWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant impugns a judgment and order dtd. 29/12/2014 passed in Sessions Case No.85 of 2013, whereby he is convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, "IPC"). The appellant is sentenced to suffer life imprisonment with fine of Rs.5000.00, in default, to suffer rigorous imprisonment for three months. . Brief facts are as under :

(2.) The appellant and deceased Chhaya (for short, "Chhaya") was married 9 years prior to the incident. They were residing at Mauje Katgaon, Dist. Latur. On 5/4/2013, at around 5.00 p.m., the appellant had poured kerosene on the person of Chhaya and set her ablaze. The appellant was alleged to have committed the said offence as he was suspecting her character. Chhaya in bid to save her life plunged into gutter in front of her house. On hearing Chhaya's shout, her mother-inlaw Smt. Sitabai (PW-4) and grandmother Smt. Sunanda (DW-1) came to the spot and tried to extinguish the fire, meanwhile villagers gathered at the spot and arranged vehicle and brought Chhaya to Civil Hospital, Latur. Chhaya was admitted in Civil Hospital, Latur. During treatment of Chhaya in Civil Hospital, she has given two dying declarations. Chhaya succumbed to the burn injuries on 12/4/2013. After her demise, crime under sec. 302 of IPC came to be registered against the appellant on the basis of dying declaration of Chhaya. The appellant was arrested on 19/4/2013.

(3.) After completing the investigation, the charge-sheet was filed against the appellant. The case was committed to the Sessions Court. The case was tried before learned Additional Sessions Judge, Latur. The appellant abjured his guilt and desired to face the trial. The prosecution in support of its case examined twelve witnesses. After completion of the prosecution evidence, the statement of appellant under sec. 313 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") recorded. It is defence of the appellant that the said incident was happened due to inflammation of the stove and he was not present in the house at the time of incident. The defence has also examined one witness Smt. Sunanda Mahadhu Sarode as (DW-1). Considering the evidence on record and submissions made on behalf of both the parties, the learned Trial Court by Judgment and order convicted the appellant for the offence for which he was tried. Against the said Judgment and Order, this Appeal.