SHAIKH BHIKAN SK MOHAMMAD Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) THE appellant questions conviction recorded in Sessions Case No.89/2010 by learned Extra Joint Ad Hoc Additional Sessions Judge, Jalna, dated 30th June, 2011, directing him to suffer life imprisonment and to pay a fine of Rs.10,000/ -; in default, to suffer rigorous imprisonment for two years for offense punishable under Section 302 of IPC, and to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000/ -; in default, simple imprisonment for six months, for offense under Section 504 of IPC.

(2.) SMT .Shakilabi (since deceased) married to the appellant before 18 years of the incident. She was second wife of the appellant. Appellant was suspecting her fidelity which gave rise to occasions for rancorous relations. In the night of 14.12.2009, at about 11 p.m. when deceased was at house, the appellant returned home under influence, altercation ensued between the couple. Appellant directed deceased to leave the house, refusal by deceased aggravated his anger and appellant took a kerosene can, doused kerosene on her person, lit a matchstick and set her ablaze. This was witnessed by Shaikh Shabbir, son of the couple (PW No.3) and a neighbour Shaikh Sikandar Shaikh Amir (PW No.4). Deceased was yelling and screaming, and hence PW No.3 Shaikh Shabbir put a quilt on her person, and extinguished the fire. Smt. Ruksana and PW No.4 Shaikh Sikandar removed her in a rickshaw to Civil Hospital, Jalna, where she was admitted. Her dying declaration was recorded by ASI Chandan Gulab Pawar (PW No.7) which he remitted to the concerned Police Station. Prior to that, he got ascertained about consciousness of the deceased to make a statement through PW No.5 Dr. Kirti Keshav Karadkar. Based on the dying declaration, PW No.6 PSI Wahidkhan Wajidkhan Pathan recorded crime vide No.I.220/2009 for offense punishable under Sections 307 and 504 of IPC. Further investigation was carried by PW No.9 Chandrakant Namdeo Dilpak, API. Spot Panchnama was drawn in presence of PW No.1 Babasaheb Karadkar and PW No. 2 Vishnu Kashinath Veer. Statements of witnesses were recorded. During investigation and treatment, Shakilabi expired on 20.12.2009 at 3.30 p.m. Inquest panchnama of the dead body was drawn (Exh.10). Post mortem was carried by Dr.Kuril S.S., Medical Officer, Civil Hospital, Jalna. The death was due to 66 per cent burns. It was un -natural. The inquest panchnama (Exh. 10, post mortem notes (Exh.11) and arrest panchnama of the accused (Exh.12) dated 17.12.2009 are admitted by defense.

(3.) THE Panch to the Spot Panchnama (Exh. 40) i.e. PW No.1 Babasaheb, PW No.2 Vishnu did not support prosecution and hence, panchnama was proved by PW No.9, investigating officer Chandrakant Dilpak. He had visited the spot of the incident on 15.12.2009 and recovered Articles 1 to 5, seized articles were sent to the office of the Chemical Analyzer, received report from the office of Chemical Analyzer (Exh.44). From the spot, rockel can, matchstick, burnt sticks, torn pieces of burnt clothes, soil mixed with kerosene and sample soil was taken charge. Dimensions and four boundaries of the house were recorded. Endorsement (Exh.40) also shows that on 15.12.2009, apart from PW No.9, Sub Divisional Police Officer, Partur, had also visited, verified the Panch and had made endorsement on the Panchnama.