SHANTABAI PIRAPPA BIRAJDER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is original accused, who is a young lady, aged about 25 years old. She is a labourer and a resident of village Badole Budruk, Taluka Akkalkot, District Sholapur. She used to be employed along with P. W. 1 Shantabai, who is the complainant in the present case, for workilig in the field of P. W. 6 Chandrabhagabai Malani. Since Chandrabhagabai required only one labourer she had dispensed the services of the accused and continued the services of Shantabai. Shantabai owns hut in Bhavaninagar Zopadpatti in the aforesaid village Badole Budruk. She however used to reside in the farm house of Chandtabhagabai which is located at a distance of about two miles from village Badole Budruk. She, however, used to visit her hut in the village on a couple of times in a week for the purpose of cleaning the same.

(2.) THE incident in question took place on the 6th of November, 1985 at about 2. 30 p. m. At that time the accused is said to have lighted a match stick and set the house of Shantabai ablaze. The walls of the hut were made of stems of Shindi. The same immediately caught fire causing damage to the hut and household articles. The incident was witnessed by P. W. 3 Laxmibai Kokare. Other neighbours who include P. W. 4 Appu Sular and P. W. 5 Jaharabi Shaikhal came on the scene soon after the hilt was set op fire. Both saw the accused passing by P. W. 4 Appu Sular informed P. W. 6 Chandrabhagabai that the accused had set fire on the hut of Shantabai. Chandrabhagabai in turn called Shantabai. Since he thought that Shantabai would get frightened if she informed her of the incident, she merely told her that some guest had come to her house and she should go there immediately. Shantabai, went to her hut and found that it was destroyed and the fire was already extinguished. She saw Laxmibai Jaharabi and other persons present at that place. On the next day Shantabai lodged her complaint (Ext. 8) at the Akkalkot North Police Station. The complaint was recorded by P. W. 8 Satish Devantgi, the P. S. I. attached to the said police station. Devantgi registered the offence and entrusted the investigation to P. W. 7 Pandit Deshmukh, Assistant Subinspector of Police. Deshmukh drew a panchanama in regard to the scene of offence (Ext. 10) in the presence of the panch witness P. W. 2 Mahadayya Swami. He recorded the statements of several witnesses including the aforesaid witnesses who have been examined in the present case. He searched for the accused but she was not found for a couple of days. He learnt that the accused had gone to Akkalkot. Hence, he went there. He found that the accused was going from motor stand to the town. He arrested her and thereafter submitted a charge-sheet against the accused. On the aforesaid facts, the accused was charged in the Court of the 5th Additional Sessions Judge, Sholapur in Sessions Case No. 68 of 1986 under section 436 of the Indian Penal Code for having, on the 6th of November, 1985 at about 2. 30 p. m. at village Mauje Badole Budruk, Taluka Akkalkot committed mischief by setting fire to the residential hut of the complainant Shantabai.

(3.) THE accused pleaded not guilty. Her defence is one of total denial. According to her, she was not present at the time of the alleged incident. She had gone to Akkalkot in the company of her maternal uncle DW. 1 Shankar Birajdar. According to her, the prosecution witnesses had given false evidence against her on the say of Raosaheb Dhigude who had obtained a loan of Rs. 2,500 from her in the presence of Shantabai. The accused had demanded the return of the amount from Raosaheb in the presence of Shantabaio Raosaheb had not returned the amount. Hence, Shantabai and other witnesses had deposed against her at the instance Raosaheb. The accused has further suggested that the incident in question had taken place a few days before Diwali. According to the accused, children might have exploded crackers and due to that the hut of the complainant might have caught fire.