SANTOSH TANAJI WAGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 29.11.2005 passed by the learned IV Ad-hoc Additional Sessions Judge, Thane in Sessions Case No. 4 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to suffer imprisonment for life and fine of Rs. 5000/- in default R.I. for one year. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Sections 302 and 504 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge acquitted the appellant for the offence under Section 504 of IPC but convicted the appellant under Section 302 of IPC and sentenced the appellant as stated in paragraph 1 above. Hence, this appeal.

(3.) We have heard the learned Advocate for the appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellant poured kerosene on Shanta and set her on fire.