BABU AMBOO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant before us, Babu Amboo Pawar atands concicted of the offence of having murdered his wife Tulsibai on 18. 5. 1987 at Bhatipada, Taluka Jawhar, District Thane.

(2.) IT is alleged that at about 9 p. m. on that night, the appellant had demanded money from his wife as he desired to purchase liquor. She was unable to give him any money for the reason that she did not posses any, where upon the appellant is alleged to have poured kerosene oil from a lamp on her and ignited it. Tulsibai started screaming, whereupon her mother Sakari (PW 1) and others rushed to the spot. Apparently with the assistence of the persons who rushed there, the flames were extinguished and it appears that the appellant was one of those who assisted in this operation, in the course of which he sustained minor burn injuries. Tulsibai was removed to the cottage Hospital at Jawhar. On the same night, a statement of her came to be recordedby the police Constable. Thereafter around midnight, PW 4 Abdul Kadir the Special Executive magistrate, recorded a formal dying declaration of Tulsibai, Early next morning, she was transferred to the J. J. Hospital at Bombay after which a Constable attached to the Byculla Police station recorded another dying declaration Apart from this, the Prosecution alleges that the deceased Tulsibai had made a similar statement to her sister Suman (PW 5) wherein she had also disclosed to her that it was her husband, who is the present appellant who was responsible for the burn injuries sustained by her Tulsibai suffered approximately 68 per cent burns all over her body her condition deteriorated and she died on 24. 5. 1987. The appellant came to be arrested on 19-5-1987, he was chargesheeted and put on trial.

(3.) THE learned Additional Sessions Judge, reiving on the evidence convicted the appellant and awarded him a sentence of imprisonment for life and a fine of Rs. 200/-, in default, rigorous imprisonment for a month.