SURENDRAKUMAR RAMSWAROOPSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this Appeal against the Judgment and Order dated 25th September, 1998 passed by Addl. Sessions Judge, Mumbai in Sessions case No. 173 of 1995 wherein he was convicted for commission of offence under Sections 302 and 449 of the Indian Penal Code and was sentenced to suffer life imprisonment and to pay fine of Rs. l00/= in default to suffer S. I. for five days on first count and to suffer R. I. for one year and pay fine of Rs. l00/= in default to suffer S. I. for five days on second count.

(2.) THE facts giving rise to the present case, in brief, are thus -

(3.) COMPLAINANT Nanduprasad Gupta was staying along with his sister, brother-in-law and four children of his sister at Hut No. 36, which they have purchased from one Rajesh Gupta on 11. 10. 1994. On 14. 10. 1994 when complainant was standing near the temple situated at Ganesh Murty Nagar he was informed by his sister's son that the room was burning and his mother was also burning. Therefore, complainant and his friend shankar Prasad rushed to the hut No. 36 and found that geetakumari was lying outside the hut in a supine position. She was found completely burnt. She was crying and saying that one Surendrakumar had set her on fire. The complainant also saw that his sister was burnt but the hut was not burnt. and kerosene had fallen on the floor of the hut. Geetakumari was lying outside about 2/3 feet from her hut. Somebody had poured water on her body. Police arrived on the spot and taxi was brought and with the help of some people he put his sister Geetakumari in taxi and Seetakumari was taken to St. George's Hospital. In the taxi she disclosed to complaint that it was accused who has set, her on fire. They reached the hospital at about: 9 to 9. 30 p. m. Initially the doctors were not ready to get geetakumari admitted in the hospital, but due to intervention of some respectable persons including special Executive Magistrate from Colaba she was admitted in the hospital. The Police arrived -here about half an hour after her admission in the hospital. Police recorded complainant's statement vide Exh. 4 and the offence was registered against the accused. After Geetakumari was admitted in, the hospital, one of the Special Executive Magistrates, lalji Gupta was present there to record the dying declaration of Geetakumari. The Medical Officer also recorded the statement of Geetakumari. In both her statements deceased squarely implicated the accused. She succumbed to the injuries in the said hospital on 15. 10. 1994. Inquest panchanama was prepared and body was sent for post mortem examination. In the meantime the Police had prepared panchanama of scene of incident and had seized several incriminating articles. The accused was arrested. The statements of several witnesses were recorded. The articles which were seized were sent to Chemical Analyser for examination, whose report was received, which is part of 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.