NANDU JANU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction passed on 30-12-1999 by the Additional Sessions Judge, Palghar, in Sessions case No. 846/96 convicting the accused under section 302 of IPC and sentencing him to suffer imprisonment for life, the appellant has filed this appeal on the ground mentioned in the memo of appeal as also verbally canvassed by the learned counsel appearing on behalf of the accused/appellant.

(2.) WITH the assistance of the learned counsel for the defence and the learned Prosecutor we have scrutinized the evidence and have reappreciated the evidence on record. The prosecution story as revealed from the reappreciation of the evidence stated briefly is that the accused was married to the deceased and they were residing together. On 12-11-1995 the accused came home drunk and found P. W. 3 Rajesh in his house. This Rajesh was the son of Geeta, the deceased from her first husband. The accused was therefore annoyed and scolded the deceased who told that on taking food Rajesh will go back. Thereafter around 10 O clock in the night the accused again quarreled with the deceased and poured kerosene on her body and set her on fire. On the shouts of the victim the neighbours gathered and extinguished the fire and put her into hospital where her dying declaration was recorded. The accused was immediately arrested and the matter was investigated. After the investigation the accused was prosecuted for murdering his wife by burning her to death.

(3.) THE prosecution has examined as many as 10 witnesses to prove its case. It was on appreciation of this oral evidence along with other documentary evidence that the learned trial Judge came to the conclusion of guilt and convicted and sentenced him to imprisonment for life as aforesaid. It is in the light of this evidence, we have to appreciate the contentions raised by the rival parties.