SHASHIKANT SHANKAR PATNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated 10-1-2000 passed by the Sessions Judge, Satara in Sessions Case No. 134 of 1999 wherein the appellant was convicted for offence punishable under section 302 of the I. P. C. and was sentenced to suffer life imprisonment and to pay fine of Rs. 1000/- in default to undergo R. I. for three months.

(2.) THE facts giving rise to the present case, in brief, are thus The accused is the resident of Karad. He had married to one Malan who died because of burn injuries previously, therefore, he solemnized his second marriage with deceased Sanjivani. He was living with his children and wife. He always used to quarrel with her after drinking liquor. On the date of the incident i. e. on 18-4-1999 he was in drunken condition and picked up quarrel with his wife at 5. 00 p. m. At that time, daughter Rupali (P. W. 2) was playing outside the house. She was sent to call her maternal uncle Shiva (P. W. 3 ). He arrived at the spot of the incident and saw that the accused had been quarrelling with his wife and he had poured kerosene on her person. The accused then took match-box and lighted match-stick and threw it on the person of his wife and consequently she sustained burn injuries. The accused and Shiva took her to the Cottage Hospital, Karad, for medical treatment at about 7. 05 p. m. Dr. Chivate (P. W. 6), Medical Officer on duty, started medical treatment. He also recorded the history of the incident as given by Sanjivani who disclosed that it was her husband who had set her on fire. The Medical Officer informed the police. Police Head Constable Tukaram (P. W. 8) visited the Cottage Hospital at about 11. 05 p. m. and recorded the f. I. R. wherein deceased Sanjivani also disclosed him that it was her husband who set her on fire by pouring kerosene upon her. On the basis of the F. I. R. , offence was registered at C. R. No. 94 of 1999 punishable under section 307 of the I. P. C. at City Police Station, Karad. Sanjivani was then transferred to Civil hospital, Satara for the purpose of medical treatment where she succumbed to her injury. Dr. Marulkar (P. W. 9) had effected the autopsy on the dead body and post-mortem report was duly submitted to the police. According to the report, Sanjivani sustained 85% burn injuries and she died as a result of those burn injuries. Doctor also opined that burn injuries were sufficient in the ordinary course of nature to cause death. He also recorded the death as homicidal on the case paper,

(3.) THE offence was converted into 302 of the I. P. C. against the accused. The Investigating Officer visited the spot of incident and drew spot panchnama. Inquest panchnama was held and the body was sent for post mortem examination whose report is part of the record. It is also clear from the record that head Constable Ankushe tried to record the dying declaration of Sanjivani through Executive Magistrate but could not be done due to non availability of executive Magistrate and entry to that effect is made in the station diary vide exh. 15. Statements of witnesses were recorded and incriminating articles seized in the course of the investigation were sent to C. A. for examination whose report was received and is part of the record. On completion of the investigation, the charge-sheet was sent to the Court of Law. The learned magistrate committed the case to the Court of Sessions.