KAILAS LAXMAN CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is preferred by the appellant (original accused) being aggrieved by the judgment and order dated 04/02/2021, passed by Additional Sessions Judge, Nashik, thereby convicting him for the offences punishable under Sec. 302 and 498-A of the Indian Penal Code, 1860 (hereinafter for short 'IPC ').

(2.) The case of the prosecution in nutshell can be summarized as under:- Shobha Chavan (deceased) was the wife of the appellant. After the marriage the accused used to doubt her character and assault her under the infuence of alcohol. The accused mentally and physically harassed Shobha by suspecting her character and subjected her to cruelty by willful conduct. On 11/10/2016 at about 9.00 pm, after coming home under the infuence of alcohol, the accused noticed one drinking pot, which was kept near the devhara (place of worship in the house). After seeing the same, the accused asked his wife if any outsider had come. However, when Shobha (deceased) told the accused that the drinking pot was kept by the accused himself, the accused got annoyed and abused her. Thereafter, he poured kerosene on the person of Shobha and put her ablazed. Thereafter, after 4 to 5 days, while being treated in the hospital, Shobha (decreased) expired. In the meantime, on the report of the informant (the deceased), the offence was registered.

(3.) After registration of offence, investigation was carried out. Investigating offcer carried out spot panchnama (Exhibit-16), seized various articles from the spot of incident. Thereafter, on 13/10/2016, the investigating offcer arrested the accused by preparing arrest panchnama (Exhibit-51). Thereafter, she recorded the statement of witnesses and sent the seized muddemal to forensic lab along with covering letter (Exhibit-52). After completion of investigation, the investigating offcer has fled chargesheet. The Judicial Magistrate First Class, Sinnar, committed the case to the Court of Sessions, since offence punishable under Sec. 302 of IPC is exclusively triable by the Court of Sessions. Charge was framed against the accused for the offence punishable under Sec. 302 of IPC and the accused pleaded not guilty. The accused took the defence that the false case has been fled against him.