RAMAKANT GANGARAM GAVAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated 4-7-2000 passed by the Additional Sessions Judge, raigad-Alibag in Sessions Case No. 143 of 1998 wherein he was convicted for commission of the offence under section 302 of the I. P. C. and was sentenced to suffer life imprisonment and to pay fine of Rs. 3000/- in default to suffer r. I. for six months.

(2.) FACTS giving rise to the case, in brief, are thus-Deceased Anita Ramakant Gavand was married to accused in the month of may, 1997. She was his second wife. It is alleged that, on 11-3-1998 at about 8. 00 p. m. the accused came to home and the deceased Anita served meals to him but he started abusing her and demanding her ornaments and clothes. The accused was under influence of alcohol and started assaulting her and continued to assault her upto 2. 00 a. m. On 12-3-1998 accused left the house and came back at 11. 00 a. m. At that time, the deceased asked the accused as to why he was spending the amount of instalment of sale proceed of their land. Thereupon the accused again started abusing her in filthy language and assaulted her with first blows and kicks. Then the accused closed the front door and as the deceased was inside the room of the house, the accused followed her and picked up plastic can containing kerosene and poured it on the deceased and then set her on fife with match-box. The deceased started shouting for help and accused extinguished the fire after she was completely burnt. The accused, it was stated by the deceased, was standing quietly at one side till she got burnt completely and thereafter poured water upon her to extinguish the fire and then opened the door of the room. Neighbours and deceased Anita's brother came on the scene and mover her to Koproli dispensary but doctor was not available there, hence she was taken from there to indira Gandhi Hospital at Uran from where she was referred to J. J. Hospital, bombay, where she was admitted for medical treatment. At that time. P. S. I. Indulkar recorded her statement which was treated as the dying declaration and was also treated as the F. I. R. on which basis the offence was registered under section 307 alongwith 498-A of I. P. C. Investigation commenced. In the meantime, the Special Executive Magistrate was informed and he came on the scene in the hospital and recorded dying declaration of Anita which is part of the record. Anita succumbed to her injuries and offence was converted into section 302 of the I. P. C. against the accused. Inquest panchanama was held and body was sent for post-mortem examination. Statements of witnesses were recorded. Spot panchnama was made, in which course incriminating articles were seized by the police and 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.

(3.) THE learned Additional Sessions Judge framed charge against the accused for the impugned offence to which he pleaded not guilty. Defence of the accused is that of total denial of any criminal liability. The prosecution led its evidence on which basis the learned trial Judge came to the conclusion that the available evidence was sufficient to bring home the guilt and accordingly proceeded to convict and sentence the accused in the aforesaid manner. Hence the appeal.