STATE OF MAHARASHTRA Vs. FIROZ SHEIKH

JUDGEMENT

(1.) Heard Mr. Chutke, learned APP for the appellant/State and Mrs. Saware, learned appointed counsel for the respondent.

(2.) The appeal questions the judgment dtd. 17/10/2011, passed by the Ad-hoc Assistant Sessions Judge-2, Chandrapur, whereby the respondent/accused has been acquitted of the offence punishable under Ss. 498-A and 306 of the Indian Penal Code.

(3.) The relationship between the deceased Mumtaz and that of the accused was of husband and wife. The incident is dtd. 4/10/2010, when it is alleged that at about 08.00 p.m. the accused came to the house under the influence of liquor, quarreled with his wife, and assaulted her mercilessly. The wife could not bear the ill-treatment, and therefore, poured kerosene on her person and set herself ablaze. The neighbors who were residing in the same locality i.e. PW-2/Maya Nimgade (page 26), her husband Bhimrao, Maya Burle, Firoza - sister of the accused, who were standing on the terrace saw smoke coming out of the window and therefore rushed down. PW-2/ Maya poured water on the person of Mumtaz and all of them took her down and carried her on the motorcycle of one Boliwar to Primary Health Centre Vyahad. Since the doctor was not present there, they took her to the General Hospital, Gadchiroli in the car of Shri Kadukar, at which time the mother of the injured was also summoned and was accompanying them. Mumtaz was admitted in the General Hospital for about 7 days where she was treated by a Medical Officer (not examined). Her dying declaration is claimed to have been recorded on 5/10/2010 at Exh. 49 (page 82) by PW-9, the Executive Magistrate - Shashikant Channawar (Exh.48/page 78). Prior to the recording of the dying declaration, Mumtaz was examined by Dr. Kannake, the Medical Officer, General Hospital Gadchiroli, who after examining Mumtaz, certified her to be fit to give a statement (not examined). Earlier to that, her statement was recorded by the A.S.I. at the Government Hospital, Gadchiroli, at Exh.44 (page 72) by PW-8 Chokha Baliram Khobragade (page 69). Mumtaz succumbed to her injuries on 11/10/2010. The post mortem was conducted in which the cause of death is stated to be Aspiration pneumanitis with septicemia shock with septicemia secondary to burn. The post mortem report indicates, that deceased Mumtaz had suffered around 60% mixed type of burn injuries. The charge-sheet was thereafter filed.