CHANDRAKANT VISHWANATH SOLAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the appellant challenging his conviction by learned Additional Sessions Judge, Aurangabad on 10/7/2017 in Sessions Case No.32/2015 after holding him guilty of committing offence punishable under Ss. 302, 498-A of the Indian Penal Code, 1860.

(2.) It is not in dispute that deceased Madhuri got married to the appellant about 04 years prior to 8/11/2014. They were residing at Rahulnagar, Aurangabad. At that time their daughters Nikita was 2 1/2 years old and Janhvi was 5 months old. They were residing with the parents of the appellant and his two brothers.

(3.) The prosecution has come with a case that Madhuri was admitted to GHATI, Aurangabad on 8/11/2014 and on the same day her statement was recorded by PW 1 ASI Mr. Narayan Butte around 7.15 p.m. She disclosed that the accused was addicted to liquor and used to pick up quarrels and used to assault her under the influence of liquor. Around 1.30 p.m. on 8/11/2014 she was with her husband i.e. appellant. Appellant was under the influence of liquor. He was abusing and assaulting her. He was also abusing her relatives. She told that she is fed up with his daily harassment and it is better that she would die. The accused then asked her, as to whether she has courage. Thereupon, she poured kerosene from stove on herself and then he said that how she would die, let he would set ablaze to her. He ignited the matchstick and threw it on her. As a result of which, her clothes caught fire and then accused fled from the house. Madhuri started shouting. As a result of which, the neighbouring Abedabi came and extinguished her fire. The father-in-law then took her to GHATI, Aurangabad.