ARUN SADASHIV KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was convicted by the Sessions Court under section 498 of the I. P. C. and he was sentenced to undergo R. I. for three years with fine of Rs. 2,000/- and in default of fine to undergo R. I. for a period of 15 months. He was also convicted for offence punishable under section 306 of the I. P. C. and sentenced to undergo R. I. for three years with fine of Rs. 2,000/- and in default to suffer R. I. for 15 months. Similarly, he was convicted under section 323 and sentenced to undergo R. I. six month with fine of rs. 500/- in default to suffer R. I. for 20 days and lastly he was convicted under section 504 of the I. P. C. and sentenced to undergo R. I. for six months with fine of Rs. 500/- and in default to suffer R. I. for 20 days. The sentence was to run concurrently. The appellant has already undergone the said sentence and he was released after having completed his sentence on 18th June, 2004. A letter to that effect is written by the Superintendent, Thane Central jail to the Assistant Government Pleader, High Court, Bombay. The said letter is taken on record.

(2.) THE appellant is challenging the judgment and order passed by the trial court dated 4th May, 2002 in Sessions Case No. 41 of 2002. By the said judgment and order, the appellant was convicted under sections 498-A, 306, 323, 504 of the I. P. C. and sentenced to suffer R. I. for three years on the first two counts and RI for six months of the last two counts. Further, a fine of Rs. 2,000/- was imposed on the first two counts and in default to suffer R. I. for a period of 15 days and a fine of Rs. 500/- on the last two counts and in default further R. I. for 20 days was imposed. The prosecution case in brief is that the appellant and the deceased were residing at Sai Kunj Co-operative housing Society. The prosecution case is that the accused used to harass the deceased everyday and used to assault her after consuming liquor. On the date of the incident when the deceased caught or in the morning at 6'o clock, her husband picked up quarrel with her and thereafter caught her hair and assaulted her. At about 7. 00 a. m. she poured kerosene on herself and set herself on fire. One Hasmita who was her neighbour came near her house at about 7. 00 a. m. and heard that someone was weeping inside the house. She therefore, asked the accused to open the house and told him that if he did not open the door, she would raise shouts and call the other people from the building. The accused opened one of the windows and she witnessed that deceased Ranjana was burning as she had caught fire and that the accused was standing near her. She therefore, called a few people to break open the door. As the accused informed her that his wife had locked the door from inside, and he was not aware where she had kept the keys. The door was broken open by the neighbours and the child shifted in another room and they extinguished the fire. The accused on the pretext of making a telephone call to the police went out of the house. However, he did not return back. Deceased Ranjana was taken to the hospital where her dying declaration was recorded. She died on the next day. The accused was thereafter arrested. The statement of witnesses were recorded. The charge-sheet was filed against the accused who pleaded not guilty to the charge.

(3.) THE trial Court after perusing the evidence adduced by the prosecution convicted the accused.