RANGNATH BABAN BHALERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ORAL Judgement : (Per )This appeal is transmitted through jail and impugns the order dated 24. 8. 1998 passed in Sessions case No. 300/96 whereby the present appeal is convicted under section 302 of Indian Penal Code to suffer imprisonment for life.

(2.) WITH the assistance of the learned counsel for the defence and the prosecution we have scrutinized the record and reappreciated the evidence.

(3.) THE prosecution story as revealed on reappreciation of evidence stated briefly is that the appellant-accused Rangnath and deceased Pushpa were married to each other. They had three children out of the wedlock and were residing in Nigidi Vasahat, Pune 42. On 23. 11. 1995 accused returned home under influence of liquor and handed over Rs. 50/- to the victim who asked as to whether remaining Rs. 50/- were consumed by the accused. Enraged the accused set wife Pushpa on fire, closed the door from outside and ran away. He was thereafter duly arrested and prosecuted. The prosecution examined as many as seven witnesses to prove its case. P. W. 1 Ganpat Kamble is panch who executed the panchnama of the spot. He states that at that time the floor was smelling of kerosene and burns. He duly proves the panchnama.