PRABHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Jalna on 2/9/2016 in Sessions Case No.88 of 2014 after holding him guilty of committing offence punishable under Sec. 302, 498-A of Indian Penal Code.

(2.) The facts which are not in dispute are that deceased Lata was married to present appellant in the year 2006. On the day of incident they had son by name Ganesh aged 7 years and daughter by name Komal aged 5 years. They all were residing together at Kolegaon, Tq. Jafrabad, Dist. Jalna.

(3.) The prosecution story in short is that when Latabai was admitted to Government Hospital, Buldhana, her dying declaration Exhibit-22 came to be recorded by P.W.6 PHC Durgadas Dahale on 1/2/2014. In her statement, she had stated that she is residing with her husband and children separately from her parents-in-law since two months after her marriage. Her husband i.e. present accused is addicted to liquor. She used to give him advise, but he was not listening. He used to beat her and had tried to ablaze her by pouring kerosene on her person twice in past, but she had rescued herself. When accused came home around 7.00 to 7.30 p.m. on 27/1/2014, Latabai told husband that since he is spending money on the liquor, there are no eatables in the house. He brings money on credit from people and then people start coming to the house while demanding the amount and, therefore, he should repay the amount. Husband did not like that advise and after abusing her, he assaulted her with stick. She got up on the next day i.e. 28/1/2014 around 7.00 a.m. and she was near the hearth, but then again there was dispute between her and the husband on account of the amount of hand loan. Again the husband i.e. accused assaulted her with bamboo stick and abused her and also told that he would finish her. He brought the kerosene can kept under a cot, poured it on her and threw a burning kerosene lamp on her. She caught fire and ran out of the house by shouting for saving her. Neighbour Dnyaneshwar Nivrutti Pawar extinguished the fire by pouring water on her. Thereafter husband and cousin mother- in-law Chandrakala took her to Buldhana in Ape rickshaw of one Ganesh Shelke.