RAJENDRA TRIMBAK KHAIRNAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction passed on 7 11-i990 by the III Additional sessions Judge, Nashik, in Sessions case No. 97 of 1998 convicting the appellant/accused under section 3*2 of IPC and sentencing him to suffer R. I. for life, the appellant/accused 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 of the defence and the learned Prosecutor we have scrutinised the entire record and have reappreciated the evidence on record. The prosecution story as emerges from the reappreciation of the evidence stated briefly is that in the night of 29th and 30th March 1998 there was a quarrel between the accused and his wife Meena, the deceased which culminated in the accused pouring kerosene from the stove on the body of the deceased meena and putting her on fire, as a consequence of which she started shouting and sustained severe burn injuries. The victim Meena was then shifted to Civil hospital, Nashik. Both the accused and Meena were admitted in the hospital as the accused has also sustained burn injuries. Looking to the burn injury police were informed and dying declaration of the deceased was recorded in which she categorically stated that she was burnt by her husband because of their quarrel. On the basis of this statement, FIR was recorded and appellant was accordingly prosecuted for murdering his wife.

(3.) TO prove its case the prosecution has examinee as many as 8 witnesses. According to the prosecution, it has proved beyond reasonable doubt the guilt of the accused. The learned trial Judge placed reliance on the dying declaration Exh. 20 and the attending circumstantial evidence and came to the conclusion of guilt and sentenced the accused as aforesaid. It is against this order of conviction that the appellant has challenged the order before us.