GANESH NARAYAN BHUMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the Judgment and Order dated 8th October, 1999 passed by the Additional Sessions Judge, Baramati in Sessions Case No. 79 of 1998 wherein the appellant was convicted for commission of offence under Section 302 and 342 of the Indian Penal Code and was sentenced to suffer life imprisonment and to pay fine of Rs. 1000/- in default to suffer R. I. for nine months on first count and to suffer R. I. for six months and to pay fine of Rs. 500/- in default to suffer R. I. for one month on second count. Both the sentences were directed to run concurrently.

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

(3.) THE accused used to work as a driver in State Transport Corporation. Ranjana was the daughter of P. W. 1 Leelabai. She married to the accused in the year 1980-81. After the marriage they were leaving together and they begotten two sons from their marriage. Thereafter accused married for the second time with one Jayashree. After the second marriage deceased Ranjana started residing with her grand-mother-in-law P. W. 3 Gajarabai, at Indapur. Accused did not like her staying with Gajarabai. On 3. 9. 1998 accused went to the house of P. W. 3 Gajarabai at about 5. 45 p. m. Ranjana was alone at home. At that time accused closed the door of the kitchen from inside and told Ranjana that he would finish her and thereafter he would finish himself. After saying that accused poured kerosene upon Ranjana from the Stove and set her on fire. She shouted loudly and fell down. Brother of the accused opened the door. In the meantime other people came there and extinguished the fire. Brother of the accused took Ranjana in Indapur Rural Hospital. Father-in-law of Ranjana, who was in Indapur, informed P. W. 4 Bhoite, Head Constable about the incident and the fact that the accused and Ranjana were quarrelling in the house and were confined in the room. In the meantime the incident took place and Ranjana was taken to the hospital. P. W. 4 Head Constable went to the hospital and ascertained from Dr. Dimbar about the fitness of Ranjana to give statement. On assurance from the Doctor that she was in a position to give statement, Head Constable Bhoite recorded dying declaration of Ranjana vide Exh. 22. Thereafter he went to the Police Station and on the basis of the said statement registered the offence under Section 307 and 342 of the Indian Penal Code against the accused. The investigation commenced, in which course ASI Thube went to the spot and prepared panchanama. He seized incriminating articles including stove, match box etc. from the spot of the incident under panchanama and recorded statement of various witneses. In the meantime Ranjana was shifted from Indapur Rural Hospital to Sassoon Hospital, Pune. Dr. Nilesh Shimpi admitted her and Ranjana informed him that the accused poured kerosene on her person and set her on fire. The police were duly informed. P. W. 8 Head Constable Dhamale inquired with Dr. Shimpi about the health of Ranjana. After getting assurance from him that she was in a position to give statement, he recorded second dying declaration, Exh. 30 in the hospital. In both the dying declarations Ranjana squarely implicated the accused person to be the culprit of the crime. Ranjana died on 5. 9. 1998. Inquest panchnama was prepared and body was sent for post mortem examination. It was revealed that Ranjana was burnt 97% and it was found that she died due to shock due to burns. The accused was arrested on 5. 9. 1998. The offence was converted into Section 302 of the Indian Penal Code. The accused had also sustained burn injuries and was given medical treatment. 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.