STATE OF MAHARASHTRA Vs. PAPPU KESHAV YADAV

JUDGEMENT

(1.) Present application has been filed under Sec. 378(1)(b) of the Code of Criminal Procedure seeking leave to file an appeal challenging the judgment and order dtd. 2/5/2019 passed by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No.90 of 2015; thereby acquitting the respondent from the offence punishable under Sec. 302 of Indian Penal Code.

(2.) Heard learned APP Mr. S. D. Ghayal for the applicant - State. With the able assistance of learned APP, we have gone through the record which was before the learned Trial Judge.

(3.) The prosecution story in short is that deceased Snehal was married to accused Pappu Yadav on 6/5/2013 and it was their love marriage. The accused was addicted to liquor and was suspecting the character of wife. He used to beat her under the influence of liquor. It is said that Snehal was taking training of Nursing course at Ahmednagar. Accused came home around 9.00 p.m. on 6/10/2014 in drunken condition. He abused and assaulted wife. As she was fed up with the cruelty, she poured kerosene on her person and threatened the husband that she would immolate herself. Thereupon, the accused replied that as to why she is threatening to ablaze herself and will die, he will do it himself and then he lighted up the matchstick and set her to fire. When she was admitted to hospital, her dying declaration came to be recorded on 7/10/2014 by ASI Barhate attached to Kotwali Police Station, Ahmednagar. On the basis of her dying declaration, offence under Sec. 307 of Indian Penal Code came to be registered. She was then shifted to another hospital i.e. Sahyadri Multispeciality Hospital, Ahmednagar and her second dying declaration came to be recorded on 8/10/2014 by Executive Magistrate. It is the further prosecution story that she was then shifted to Sassoon Hospital, Pune. She got discharged and was brought home on 17/10/2014, but she died on 18/10/2014. Thereafter, offence under Sec. 302 of Indian Penal Code came to be added. In the meantime, during the investigation panchanama of the spot was carried out. Certain articles were seized. Accused came to be arrested. After the completion of the investigation, charge-sheet was filed.