LAWS(BOM)-2004-3-1

A SAMBHAJI MUKUND SURYAWANSHI Vs. STATE OF MAHARASHTRA

Decided On March 01, 2004
SAMBHAJI MUKUND SURYAWANSHI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction and sentence passed on 8-10-1999 by X Additional Sessions Judge, pune in Sessions Case No. 38/99 the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal and as verbally canvassed by the learned Advocate appearing on behalf of the appellant before us.

(2.) WITH the assistance of the learned Counsel for the defence and the prosecution we have scrutinized the record and reappreciated the evidence.

(3.) THE facts stated briefly as they emerge on our reappreciation of evidence are that the accused and the deceased were married for years. They were always quarrelling. On 8-12-1998 at about 10. 00 O'clock at night there was quarrel between the two and the wife-deceased in a fit of anger poured kerosene from the stove on herself and in similar fit of anger the accused lit her. He immediately tried to douse the fire and took the victim to the hospital who subsequently died. The appellant was prosecuted and was convicted as aforesaid.