VIJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The judgment and order of conviction dtd. 19/7/2017 in Sessions Case No. 452/2014 led both convicts to file this appeal in terms of Sec. 374 of the Code of Criminal Procedure ( 'Code '). Both appellants (accused) have been convicted by the Trial Court for the offence of murder punishable under Sec. 302 of the Indian Penal Code and sentenced to suffer imprisonment for life, and to pay fine of Rs.15,000.00 each with default clause. The judgment and order of conviction is subject matter of challenge in this appeal.

(2.) In order to appreciate the rival contention of the parties and issues involved, it would be necessary to set out brief facts of the case, which gave rise to the present criminal appeal. Accused are husband and wife inter se whilst deceased was neighbouring resident. It emerges from the prosecution case that on 14/8/2014 around 04.00 p.m., there was quarrel in between accused No. 1 Vijay and deceased Vasanta. At relevant time, accused No. 2 Kirti brought a bottle containing kerosene from her house, accused No. 1 Vijay took the bottle and poured kerosene at the person of deceased Vasanta. While deceased Vasanta was proceeding his nearby house, accused No. 1 Vijay followed and threw matchstick at his person, on which Vasanta caught fire. The incident occurred in the courtyard of the house of deceased Vasanta. Since Vasanta was under flames, accused No. 1 Vijay immediately poured water at his person as well as covered him by bed-sheet. Nearby residents have shifted injured Vasanta to the Medical College Hospital, Nagpur. Vasanta was under treatment in the hospital, however he succumbed to 61% burn injuries on 21/8/2014.

(3.) On the date of incident, wife of deceased namely PW-6 Anita Sardare was away from her house. After knowing the incident, she rushed to the Hospital. In the late evening, she went to the concerned Police Station and lodged report. The Police have registered Crime No. 90/2014 initially for the offence punishable under Sec. 307 of the Indian Penal Code. On the same day, Police visited the place of occurrence and drew Panchanama of the scene of offence (Exh. 38). During the course of investigation, a bottle containing kerosene and clothes of deceased Vasanta were seized. On the very day, Police Officer sent a requisition letter to the Naib Tehsildar for recording statement of injured Vasanta who was under treatment. In pursuance of that, PW-8 Naib Tahesildar Mr. Nandkishor went to the hospital. He requested Medical Officer to examine the patient about his fitness to give statement. Medical Officer has examined Vasanta and endorsed about his fit condition to give statement. PW-8 Naib Tehsildar has recorded dying declaration of injured Vasanta (Exh. 59) on the same day.