SANDIP PRAKASH RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is the husband of deceased Kavita, who stood prosecuted and convicted for committing offence punishable under Sec. 302 of the Indian Penal Code in Sessions Case No.24 of 2014 by the learned Additional Sessions Judge, Jalna, on 2/3/2015. He has been directed to undergo imprisonment for life and to pay fine of Rs.1500.00, in default of payment of fine, to suffer rigorous imprisonment for six months. It will not be out of place to mention here that appellant is the original accused No.1 and along with accused Nos.2 to 5, he stood prosecuted for the offence punishable under Ss. 302, 498-A read with Sec. 34 of the Indian Penal Code, however all of them have been acquitted of the offence punishable under Sec. 34 of the Indian Penal Code. Accused Nos.2 to 5 were also acquitted of the offence punishable under Sec. 302 of the Indian Penal Code.

(2.) The prosecution story, in short, is that Kavita who was aged 27 years, got married about 9 years prior to her death with accused No.1 i.e. present appellant. She had a son, aged 8 years and a daughter, aged six years. According to the prosecution, the husband as well as the in-laws and other relatives of husband i.e. in all accused Nos.1 to 5 used to raise suspicion over the character of Kavita. She was assaulted and abused under the influence of liquor. She was at home at about 11.00 a.m. on 17/9/2013 when accused No.1 had poured kerosene on her person. Then Kavita got annoyed and abused the husband.

(3.) Statements of witnesses have been recorded and at that stage the offence was under Sec. 307 of the Indian Penal Code and other Ss. . But thereafter Kavita expired on 21/9/2013 and then, after drawing the inquest panchnama, the dead body was sent for postmortem. After the postmortem, the dead body was handed over to the relatives. Statements of the relatives were recorded and prior to that panchnama of the spot came to be executed. Certain articles came to be seized from the spot. The seized articles were sent for chemical analysis. Some of the accused persons came to be arrested and others had obtained anticipatory bail. After completion of the investigation, charge-sheet came to be filed.