NASIB OSMAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Aurangabad in Sessions Case No.148/2014, thereby convicting him for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 on 12/12/2017.

(2.) What is emerging to be the admitted fact from the record is that deceased Seema got married to accused and they were the only two persons residing at Paithan Ves, Bidkin. Seema was doing the work of preparing food and washing utensils in the canteen of a private company.

(3.) The prosecution has come with a case that Seema was admitted to GHATI, Aurangabad on 13/1/2014. After the Medico Legal Certificate was given, her statement was recorded at 5.30 p.m. by Police Head Constable Khajekar of Bidkin Police Station. In her statement Seema disclosed that her husband is not doing any work to earn money, however, he used to demand money to her for drinking liquor. When she used to refuse to give money to him, he used to abuse her and ask her to go to her parents house. She has further stated that she came home in the evening from the work on 12/1/2014. She washed the clothes and utensils and prepared food. She was waiting for accused to arrive by lying down on bed. Accused came around 8.00 p.m. and started demanding money to her. When she refused, he started saying that he is not in need of such betrayer wife and then he poured kerosene from bottle on her person. She thought that it is water, but immediately he lighted the matchstick and threw it on her. When her clothes caught fire, she got up and poured water on her person and doused the fire. She has stated that if she would not have done that, husband would have killed her by ablazing. Her husband fled away from the spot. Her maternal aunt and maternal uncle took her to Bidkin Government Hospital first and then shifted her to GHATI, Aurangabad. She has sustained burn injuries, but she gave the statement when she was in conscious state.