JAYWANT PANDURANG SURVEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ). THIS appeal against the conviction, by the judgment dated 24th April, 2004, passed by the additional Sessions Judge, Brihanmumbai, whereby, the appellant/accused has been convicted under section 302 and sentenced to life imprisonment.

(2.) THE learned Sessions Judge held that on the night of 29/10/1997 at about 10. 30 p. m. there arose quarrel between the accused and deceased Janabai in connection with the missing earing and in the hit of anger he poured kerosene on the person of Janabai from the plastic can lying in the hut and put the said janabai on fire by the burning glass lamp. Consequently, Janabai sustained fire and shouted loudly. The accused also started shouting. The accused tried to save her by taking Janabai to the hospital. He shouted for help saying "mazi Bayko Jalali, Mazi Bayko Jalali" one Dashrath Naikam P. W. 2 rushed to the spot, he saw janabai with burn injuries on her person, lyinq on the ground and accused was standing there. P. W. 2 went to bring taxi at the request of accused. However, before p. W. 1 reached with the taxi, accused took another taxi and taken victim Janabi to KEM hospital at Parel. The duty constable P. W. 6, completed all formalities, taken the entry in the E. P. register, informed to R. A. Kidwai Marg Police Station , also to Kurla Railway Police station and brought Janabai to the hospital. One Dr. Smt. Kanti Shetty took the history from the patient janabai herself on 30/10/l997 at about 12. 45 a. m. As per the said note the said alleged homicidal burns caused by the accused-husband at around 10. 30 p. m. on 29/10/1997, by pouring kerosene over her and set her on fire at Sewree, at her house. The Police officer from kurla Railway Police Station, P. S. I. Surve (P. W. 7)while ths deceased was under treatment, visited the hospital and met the deceased Janabai, after ascertaining fitness and consciousness of the patient janabai at the relevant time, with the help of Medical officer Smt. Kanti Shetty recorded the statement of victim Janabai. In her second statement, she again disclosed that since about one and half year prior to the date of incident she was residing with her husband jaywant- accused. It was specifically disclosed that she was treating Jaywant as her husband. In the said statement, she specifically disclosed that her husband jaywant poured kerosene on her person and set her on fire with burning lamp. She further disclosed that accused Jaywant brought her to the KEM hospital by taxi and got her admitted in the hospital. She also disclosed that she had one male child from earlier husband. In view of this, the offence was registered under Section 307 of Indian Penal Code. Later on, the said victim Janabai who was taking treatment in the k. E. M. hospital, succumbed to injury and she died on 30/10/1997 at 8. 05 hours. The crime therefore, converted into the Crime No. 479/1997 under Section 302 of Indian Penal Code.

(3.) AFTER due inquiry and investigation the place of incident was visited by the police along with the panch witnesses and the panchanama of the place of incident vide Exh. 7, was drawn on 30/10/1997. These panch witnesses are Anand Pandit Mhaske and Uttam Kundlik more. The inquest panchanama Exh. 12 also drawn on 31/10/1997. The statements of the witnesses were recorded. The clothes, as well as, other articles from the place of incident were seized. The accused was arrested on 4/11/1997 and arrest panchanama Exh. 21 was prepared. The muddemal articles were sent to Chemical analyser for analysis and those reports are Exhs. 28 and 29.