BABASAHEB SHANKAR WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant/original Accused Nos. 1 and 2 have directed this Appeal against Judgment and Order dated 13th September, 2007 passed by the learned I Ad hoc Sessions Judge, Solapur in Sessions Case No. 6 of 2007. By the said Judgment and Order, the learned Sessions Judge convicted both the appellants under Section 302 r/w 34 of Indian Penal Code. For the said offence each of the appellant was sentenced to life imprisonment and fine of Rs. 1,000/- i.d. S.I. for 3 months. The prosecution case briefly stated is as under:--

(2.) At the time of the incident, the appellants were residing in Shastri Nagar, Kumbhargalli, Solapur. At the time Rangpanchami festival, P.W. 2 Ashok Mane had brought Manisha to his house and thereafter, Manisha did not go to the house of the appellant for cohabitation. In the month of August, 2006, appellant No. 1 met P.W. 2 Ashok Mane and told him that he will not ill-treat or harass Manisha and he should send Manisha to his house for cohabitation. P.W. 2 Ashok Mane told him that he will arrange meeting and they will settle the dispute. On 17/9/2006, a meeting was held at the village of appellant No. 1. P.W. 2 Ashok Mane, P.W. 5 Shailaja Mane wife of Ashok Mane, P.W. 4 Waghmare, Sarpanch of the village Miraj were present in the meeting. In the meeting, they convinced the appellant Nos. 1 and 2 that they should not ill-treat and harass Manisha in future. After meeting Manisha went to the house of the appellants.

(3.) On 18/9/2006 i.e. the very next day after the meeting, P.W. 2 Ashok Mane received telephonic message that Manisha had sustained burn injuries. Hence, he went to the Civil Hospital, Solapur, where Manisha was admitted. He saw that Manisha had sustained bum injuries. He made enquiry with Manisha how she sustained burn injuries. She told him that she had been to the bathroom for urinating, at that time, Appellant Nos. 1 and 2 poured kerosene on her and set her on fire. Manisha also disclosed that both the appellants had got angry on the ground that conciliation meeting was called. In the hospital dying declaration (Exh. 42) of Manisha came to be recorded by P.W. 8 P.S.I. Devkate. The said dying declaration was treated as F.I.R. and thereafter investigation commenced. Requisition was sent to P.W. 3 Special Judicial Magistrate, Solapur Dayanand Mane. He came to the hospital and recorded dying declaration (Exh. 22). In the dying declaration Manisha stated that the appellants poured kerosene and set her on fire. In the night of 20/9/2006 Manisha expired. Hence, offence was converted from 307 of Indian Penal Code to 302 of Indian Penal Code. The dead body of Manisha was sent for post mortem. Post mortem notes shows that Manisha has sustained 87 per cent bums and the cause of death was "septicemia due to burns". After completion of investigation charge-sheet came to be filed.