KIRAN VASANT KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant (original accused) impugnes Judgment and Order passed by the Additional Sessions Judge, Baramati, District - Pune, whereby he is convicted for the offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short " IPC "). Appellant is sentenced to suffer rigiorous imprisonment for life and to pay fine of Rs.1,000.00, in default, to suffer further rigourous imprisonment for one month. Appellant is acquitted for the offence punishable under Sec. 498-A of IPC.

(2.) It is the prosecution's case that, on 26/8/2012 at about 10:00 p.m., a quarrel took place between Appellant and his wife- Rani on account of domestic reasons. Rani got annoyed due to quarrel and poured kerosene on her person from a plastic can. Then Appellant ignited a match stick from match box and threw it on her person. As a result of which, her clothes caught fire. Appellant extinguished the fire and shifted her by an ambulance to Sassoon General Hospital, Pune and admitted there. In hospital, Police recorded her dying declaration. While undergoing treatment, Rani died on 27/8/2012. PW-1 Amol P. Ankushrao, cousin brother of deceased Rani, lodged complaint against Appellant. On the basis of complaint, Police registered FIR. After completion of investigation, chargesheet was filed against Appellant. Case was committed to Additional Sesssions Court, Baramati. Charges were framed against Appellant under above referred offences. Appellant denied charges and claimed to be tried. After completion of the prosecution's evidence, the statement of Appellant under Sec. 313 of the Code of Criminal Procedure, 1973 (for short " Cr.P.C .) was recorded. The defence of Appellant was of total denial.

(3.) Considering the evidence on record and submissions made on behalf of both the parties, learned trial Court by a Judgment and Order convicted Appellant as referred above.