SURESH MALHARI GAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted for the offence punishable u/s 302 of the Indian Penal Code and thereby sentenced to suffer imprisonment for life. The appellant and the deceased Raziyabi Nashir Khan were residing together after death of her husband. Raziyabi was having three children including PW1 Ameenabai Nasir Khan. On the night of 9.5.2001, the accused, who was addicted to liquor, came home and demanded money from Raziyabi. Raziyabi did not given money. So by pouring kerosene he set her on fire. She started shouting. So her children, who were sleeping outside the room, came running inside. The accused poured water on the deceased and ran away. Raziyabi was shifted immediately to the Sion hospital. She was treated by PW3 Dr.Vikas Krishnamkumar Bihani. She had sustained 65% burn injuries. PW6 API Prabhakar Parab, then attached to Antop hill police station, on receiving information of the incident, registered C.R. No.216 of 2001. Statement of Raziyabi was recorded by SEM Trushna Vishwasrao. She succumbed to the injuries on 20.5.2001. Inquest panchanama was drawn on PSI Solanki and thereafter, ADR No.102 of 2001 was registered for offence u/s 302 of the Indian Penal Code. On 10.5.2001, the accused was arrested. The police recorded statements, submitted chargesheet in the Court of Metropolitan Magistrate. The learned Magistrate committed the case to the Court of Sessions.

(2.) The accused was tried and the trial was concluded in the conviction of the accused and by judgment and order dated 16.4.2004, the accused as sentenced to imprisonment for life. Hence, this appeal.

(3.) The prosecution has examined in all six witnesses. PW1 Ameenabai is the daughter of Raziyabi. The incident has took place on 9.5.2001. PW1 Ameenabai was examined on 15.11.2003 i.e., two years after the incident. At the time of recording her evidence, PW1 Ameenabai was 12 years old and thus at the time of incident, she was 10 yeas old and so she remembered the incident. She has deposed that she alongwith her two brothers and one sister were staying at Wadala and after the death of her father, the appellant was staying with them as their father. She has deposed that the incident had taken place during summer vacation of her school. She has deposed that at the time of the incident, she and her brothers and one aunt Jijabai were present in the house. There was quarrel between the appellant and her mother as the appellant wanted money to buy liquor. On the night at 11pm, the accused returned home and told her mother that he had consumed liquor without paying money and therefore, he wanted money. When she refused, he poured kerosene on her person and set her on fire. In the cross-examination, she admitted that she was sleeping outside the house and on hearing shouts of her mother, they came inside the house. They saw the appellant standing there and he poured water on the person of her mother and then, ran away from the spot. Nothing much is elicited in the cross-examination of this child witness. In the cross-examination, an attempt was made to confuse the witness on the point of time sequence however, the witness has remained consistent with her examination-in-chief.