SURESH SHIORAMJI TAYAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PER : The appellant is convicted for offence under section 302 of Indian Penal Code and sentenced to suffer Life Imprisonment and to pay fine of Rs. 100/- in default of payment of fine to suffer R. I. for one month by the judgment and order dated 22-12-1999 passed by the 2nd Additional sessions Judge, Amravati in Sessions Trial No. 29 /1997 (New Sessions Trial no. 772/1997 ). In this appeal the appellant is challenging the said judgment of conviction and sentence.

(2.) THE prosecution case is that the victim Asha was residing with the appellant as his wife. The appellant's parents namely Shioramji and Sau. Kamlabai (original accused Nos. 2 and 3) were residing separately as they were against the marriage of appellant and Asha. It is alleged that the appellant-Suresh used to consume liquor and beat Asha, on the date of incident which took place on 4-12-1996, there was quarrel between appellant and asha, as Asha refused to give money to the appellant. The appellant then alleged to have poured kerosene on the person of Asha and set her on fire. The neighbours including Meerabai (P. W. 1) who was land lady in whose premises the appellant and Asha were residing, on hearing the shouts of Asha, arrived there and extinguished the fire. Meerabai brought Asha to Irvin Hospital. She was admitted in the hospital for treatment. It is admitted that the appellant also accompanied Meerabai and Asha to the Hospital. Intimation was given to the parents of Asha, regarding the incident of burning, that had taken place in the house. After receiving an intimation, Balwant dhole (P. W. 3) who was Special Judicial Magistrate, recorded dying declaration (Exhibit 31) of victim Asha, after getting ascertained from Medical officer Dr. Murlidhar Parekh (P. W. 4) about the physical and mental fitness of Asha. Thereafter, on the basis of dying declaration, offence came to be registered. Police visited the spot and recorded spot panchanama. The statement of Asha was also recorded by Police Officer. Asha expired in the hospital on 7-12-1996. Consequently offence was converted under section 302 of India Penal Code. Dead body of Asha was sent for post-mortem examination. The Medical Officer who conducted autopsy on the dead body prepared post-mortem notes Exhibits 22, wherein he found that Asha had sustained 90% burns, which were found to be ante-mortem and as opined by him the probable cause of death was Syncope due to superficial to deep 90% burns. After completing the investigation the charge-sheet was filed in the Court of Judicial Magistrate, First Class who in turn committed the case to the Court of Sessions.

(3.) THE appellant pleaded not guilty to the charge (Exhibit 4 ). He claimed to be tried. His defence is that of denial. At the trial the prosecution examined in all six witnesses including Meerabai P. W. 1, Pradip Kherde P. W. 2 who was police Constable attached to Irvin Police Chouki who carried the Dying Declaration of Asha to Police Station, Frezarpura and on the basis of that P. S. I. Solanke registered the offence vide Crime No. 234/1996 Balwant Dhole (P. W. 3) who recorded dying declaration (Exhibit 31) in which victim Asha has stated that her husband Suresh poured kerosene on her person under the influence of liquor and after lighting matchstick, threw it on her person and thereby set her on fire. Dr. Murlidhar Parekh (P. W. 4) who examined victim Asha, and found that she was conscious and well oriented to give the statement and he also examined her after the dying declaration was recorded and accordingly issued certificate (Exhibit 36), Indubai Kukde P. W. 5 who is sister of victim asha to whom it is alleged that Asha made a statement while she was in the hospital narrating the incident that took place and P. S. I. Devidas Solanke (P. W. 6) was the Investigating Officer who registered the crime and also carried out the investigation in the matter.