SONABAI PUNDLIKRAO GHUGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT Sonabai w/o. Pundlikrao Ghuge was tried for committing murder of her daughter-in-law Kalawati, as also for attempting to commit murder of her grand daughter Chutki and grand son Akshay by setting them on fire. The learned Additional Sessions Judge, Akola in Session Trial No. 79 of 1998, by her judgment dt: 2-2-1999, convicted the appellant for the offence u/ss. 302 and 307 of the Indian Penal Code and sentenced her to suffer life imprisonment and to pay a fine of Rs. 100/- in default to undergo further R/i. for three months and further to suffer R/i. for four years and to pay a fine of Rs. 100/-I/d. to undergo R/i. for one month. She was, however, acquitted for the charge for the offence u/s. 307 of the Indian Penal Code for causing burn injuries to her grand son Akshay. The appellant has challenged her conviction and sentence passed against her by this appeal.

(2.) THE incident in question took place on 4-6-1997 in the morning. Victim Kalawati was daughter-in-law of the appellant. She was married to Samadhan (P. W. 4) who is son of the appellant. Chutki and Akshay are the children born to Kalawati of her husband Samadhan. On the day of incident, the appellant had been to the house of her son Samadhan for demanding money and in fact, Samadhan gave money to her on that day. But then, there was quarrel between deceased Kalawati and accused Sonabai. THE evidence also shows that there used to be quarrel between Kalawati and appellant Sonabai, though she was residing separately. She often used to visit the house of her son Samadhan. On the day of incident, it so happened that, after her son Samadhan left the house at about 9. 00 A. M. , there ensued quarrel again between Kalawati and Sonabai. It was at about 11. 00 A. M. when appellant Sonabai started making preparation to prepare chapatis and when she was about to lit the oven, she poured kerosene from the can on the person of Kalawati, who was lying on the cot along with her son and daughter and thereafter, the appellant lit or set Kalawati on fire with lighted match stick. In that fire, both the kids - Chutki and Akshay also sustained burns. Kalawati was in flames. She shouted for help. THE neighbors rushed to the spot and they extinguished the fire. By that time, appellant Sonabai ran away from the spot. THE neighbors brought Kalawati and her kids to the General Hospital, Akola where she was admitted.

(3.) WE have heard Miss. Nandita Dubey, the learned counsel appointed for the appellant, as also Mr. Loney, the learned A. P. P. for the respondent-State. In fact, with the assistance of the learned counsel for the parties, we have gone through the evidence of witnesses. The fact that Kalawati died of burning in an incident that took place on 4-6-1997 in the house is not disputed. It is also not disputed that the child Chutki sustained burns at the time of that incident which occurred in the house. WE have already stated that, taking into consideration the reply given by the appellant to question no. 6 in her examination u/s. 313 of the Code of Criminal Procedure that Chutki sustained burns and she i. e. the appellant, while attempting to extinguish fire to save Chutki, also sustained burns on her finger, the appellant though took up defence of total denial in her statement recorded u/s. 313 of the Code of Criminal Procedure, has stated that Kalawati caught fire in the house on account of burning by herself. As against that, the prosecution case is clinching that it was the appellant who set Kalawati on fire and that is how, Kalawati died homicidal death.