KAVITA SHANKAR HARALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Through this appeal, the appellant is challenging the judgment and order dtd. 19/1/2019 passed by the District Judge-1 and Additional Sessions Judge, Wardha in Sessions Case No. 116/2016, whereby she has been convicted and sentenced to undergo imprisonment for life and pay fine of Rs.5000.00 for the offence Rs.5000.00 for the offence punishable under Ss. 302 and 449 of the Indian Penal Code (IPC).

(3.) Shortly stated, the prosecution's case runs as under:- Saku Kishan Kurale -deceased/victim, was a labourer. The appellant used to reside near her house. The deceased was a part of Bhisi taken by her from the appellant and owed her an amount of Rs5000/- for the offence Rs.40,000.00. On the date of the incident, i.e. on 10/8/2016 at about 04 00 p.m., the appellant came to her house to recover the said amount; however, the deceased told her that she would pay her amount back by paying Rs.500.00 per week. The appellant refused to Rs.5000.00 for the offence accept the said offer and started to take away the gas cylinder kept in the deceased's house. When the deceased obstructed, the appellant went to her house; brought a kerosene can; poured kerosene on the deceased; lighted a match-stick and set the deceased ablaze. At that time, the husband of the deceased was standing in the courtyard; he tried to make the appellant understand. However, the appellant poured kerosene on the deceased and set her ablaze with the intention of killing her.