RAGHUNATH BHANUDAS KANDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the Judgment and Order dated-23rd April, 1999 passed by the Additional Sessions Judge, Pune in Sessions Case No. 218 of 1998 wherein he was convicted for the offences punishable under Section302 of the Indian Penal Code and was sentenced to suffer life imprisonment and to pay fine of Rs. 500/= in default to suffer R. I. for three months. Further he was convicted for the offence punishable under Section498-A of IPC and was sentenced to suffer R. I. for three years and to pay fine of Rs. 300/= in default to suffer R. I. for 2 months and further under Section201 of the Indian Penal Code he was sentenced to suffer R. I. for two years and to pay fine of Rs. 100/= in default to suffer R. I. for 15 days. All substantive sentences were directed to run concurrently.

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

(3.) THE learned Sessions Judge framed the charge against the accused for the impugned offences. THE defence of the accused is that of total denial. According to the accused, his wife Jaya poured kerosene upon her and lit herself on fire and therefore, he was not guilty. In fact he tried to extinguish the fire in which course his hands were burnt. THE prosecution led its evidence, on which basis the learned trial Judge came to the conclusion that the evidence was sufficient to bring home the guilt and accordingly proceeded to convict and sentence the accused in aforesaid manner. Hence the appeal.