KEDAR LALKHA TADVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction for the offence punishable under Sec. 307 of Indian Penal Code by learned Additional Sessions Judge, Amalner, Dist. Jalgaon in Sessions Case No.29 of 2013.

(2.) The prosecution story in short is that injured Mahemuda is the wife of appellant - accused. Informant got married to accused about 17 to 18 years prior to FIR dtd. 12/3/2013. They have daughter aged 16 and two sons aged 14 and 12 respectively. All the children used to stay with the mother of Mahemuda since their childhood for education. Mahemuda used to go to her parent's house to meet children and sometimes she used to be in the matrimonial home along with husband at Bidgaon, Tq. Chopda, Dist. Jalgaon. Since about 4 to 5 months prior to the FIR, she was at Bidgaon. Accused was not doing any work to earn, rather he used to abuse the informant under the influence of liquor and used to say that she should go somewhere and not to reside with him. It is the further prosecution story that around 4.30 p.m. on 11/3/2013, informant was washing Dhoti, which she had used for drying papad. She was washing the same in bathroom in her house, at that time, accused went near her and told that she should give him something to eat. She accordingly gave Udit Dal and Sabji and again went to bathroom to wash the cloth. She was sitting while washing the cloth, at that time, accused took out a glass bottle from his pocket and poured it on her person. She got the smell of kerosene and asked husband as to why he has poured kerosene, at that time, the husband ignited matchstick and threw it on her. Her saree caught fire and she sustained burn injuries to left hand, waist, stomach, backside, thighs. She started shouting and poured the water, which was in the bucket, on herself. The fire got extinguished and prior to that after throwing the burning matchstick on her person, the accused had ran away. The neighbouring persons gathered and the ladies gave her clothes to change. She went to police station in a rickshaw. She was then referred to Government Hospital, Adawad, where she was given primary treatment. She called her father there and then along with him, she went to the hospital of Dr. Warke, where she has taken the treatment. While she was admitted with Dr. Warke's Hospital, her statement was recorded. On the basis of the said statement, FIR came to be registered.

(3.) During the course of investigation, statements of witnesses were recorded. Accused came to be arrested. Panchanama of the clothes and seizure of clothes was executed. The seized articles were sent for chemical analysis. After collecting the medical evidence and completing the investigation; charge-sheet was filed.