JEEVAN BABU DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the conviction and sentence recorded against the appellant for the offence punishable under section 302 of the Indian Penal Code.

(2.) THE prosecution case is that the deceased Ratan was wedded to the appellant Jeevan about 10 to 15 years prior to July 1987. The couple were in the employ of P. W. 2 Raju Patil who was doing dairy business in the name and style of Kapils Dairy Farm at Mundhava, Pune. Patil owns a big herd of buffalos and the business being on a somewhat large-scale, requires a retinue of servants. Ratan and Jeevan were part of the staff and were given accommodation at the farm, their quarter being Room No. 2. Relations between Jeevan and Ratan were strained and not cordial, Jeevan was addicted to drinking and possibly drugs also. He had a suspicious nature and was always short of money. The natural peevishness used to be given expression to at all times irrespective of the place and situation. On 12-7-1987, the couple had been to a movie and the boorishness exhibited by Jeevan on that occasion had led to a heated exchange between the spouses. The quarrel continued even after the couple returned home. Within two or three minutes of their return to Room No. 2, at about 2. 30 p. m. , Ratan came running out of the room engulfed in flames and shouting that her husband had burnt her. Jeevan and several others made an attempt to stamp out the flames and after that was done, Jeeven reached Ratan to the room of her brother. This brother, Yuraj, was living in another room of the servant quarters with his wife Sonabai (P. W. 9 ). Ratan was removed for treatment to the Sassion Hospital and it was found that she had sustained 30 % burns. In her dying declaration recorded by a Special Judicial Magistrate of Pune, which is at Exhibit 15, Ratan said that the frequent beatings inflicted on her person by Jeevan and his remarks about her unchastity etc. , had constrained her to sprinkle kerosene on her person, whereupon the appellant had flung a lit matchstick setting her person on fire. The unfortunate woman passed away on 15-7-1987. Death was due to shock following the burn injuries sustained by her. Dr. Bade, who is P. W. 8, performed a postmortem examination and his notes to that effect are at Exh. 20. Jeevan had decamped and it was only on 17-1-1988 that he could be apprehended. The investigation and committal proceedings over, Jeevan came up for trial before an Additional Sessions Judge at Pune.

(3.) JEEVAN pleaded not guilty. He denied that he was a drunkard or used to ill-treat his wife or that his behaviour was such as to compel Ratan to pour kerosene on her person. He further denied that he had flung a lit matchstick on her kerosene-smeared body. The learned trial Judge held that Jeevan had flung a lit matchstick on the kerosene-soaked person of his wife and this had led to the burns sustained by her, which burns, in turn, had resulted in her untimely death. Jeevan was found guilty under section 302 of the Indian Penal Code and sentence to imprisonment for life.