SHAIKH MUSTAFA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused No.1 challenging his conviction under Sec. 302 of the Indian Penal Code, 1860 by learned Additional Sessions Judge, Majalgaon, Dist. Beed in Sessions Case No.50/2014 on 27/6/2016.

(2.) The prosecution story, in short, is that one Chunni w/o Mustafa Shaikh came to be admitted in Swami Ramanand Tirth Hospital, Ambajogai on 27/7/2014. PW 4 ASI Mr. Ramakant Thorat attached to Ambajogai City Police Station recorded her statement (Exh.47) between 9.00 to 9.30 a.m. on 27/7/2014. She disclosed that she resides with her husband, three children, mother-in-law and father-in-law at village Nitrud, Tq. Majalgaon. Her husband i.e. present appellant demanded her money for drinking liquor around 7.00 a.m. on 27/7/2014. She refused to give the money. Accused No.1 abused her and poured kerosene from can on her person and thereafter by igniting the match stick set her to fire. When she tried to go out of the house in burning condition, at that time, the in-laws latched the door from inside and prevented her from going out. When she was shouting, her brother, who is also the resident of same village, came along with other persons. He had poured water on her person and extinguished the fire. She was then taken by her brother and mother in private vehicle to Government Hospital, Ambajogai, where she was under treatment. She then gave First Information Report against her husband and in-laws. After recording the said statement, which was treated as First Information Report, under Sec. 154 of the Code of Criminal Procedure; offence vide Crime No.69/2014 came to be registered for the offence punishable under Sec. 307 read with Sec. 34, 504 of the Indian Penal Code and investigation was undertaken. It is further prosecution story that at the same time a request letter was given to the Executive Magistrate to record the Dying Declaration. Accordingly, PW 5 Balkrishna Wanjerkhedkar, who was serving as Naib Tahsildar, visited the hospital and recorded second Dying Declaration Exh.57 between 11.35 a.m. to 12.00 noon on the same day.

(3.) During the course of the investigation PW 10 API Mr. Rakesh Choudhari visited the spot and carried out spot panchnama Exh.39 and seized certain articles from the spot. Those articles were sent for analysis to the Chemical Analyzer at Aurangabad. He recorded statements of witnesses under Sec. 161 of the Code of Criminal Procedure. It was informed to him that Chunni has expired on 2/8/2014 around 3.15 p.m. Therefore, the inquest panchnama was got executed with the help of two panchas and dead body was sent for postmortem. Provisional certificate was collected and supplementary statements were recorded. Accused came to be arrested. After collecting further necessary documents charge sheet was filed before learned Judicial Magistrate First Class, Ambajogai, who committed the case for trial to the Court of Sessions.