RAMAKANT SIDRAMAPPA WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, on the allegation that he had poured kerosene on his wife and had set her ablaze, is convicted by the Additional Sessions Judge, Latur by judgment dated 28-9-2001, in Sessions Case no. 144 of 2000, has filed the present appeal challenging his conviction and sentence of imprisonment for life.

(2.) THE facts in brief, as are necessary for the decision of this appeal, can briefly be stated as under : pw 4 Ramdas Mohite was attached to police booth in Civil Hospital, Latur. On 2-9-2000, he received a letter that injured Suwarna wife of the appellant, has received 55% burns. He went to the police station, took an entry of the said incident in station diary and returned to Civil Hospital. Dr. Varad was with him. He proceeded to the burn ward where Dr. Varad PW 1 examined the patient and opined that Suwarna was in a fit condition to give her statement. He recorded the statement of suwarna in which, she had stated that the appellant, suspecting her chastity, used to ill treat her. On the date of incident i. e. on 2-9-2000, while she was performing pooja, the appellant came home in an inebriated condition and on a quarrel in between them, the appellant poured kerosene on her and lit her. In order to escape from the flames, she had jumped in a reservoir of water. She herself had come to the hospital. The statement recorded by PW 4 Mohite is at Exh. 20. PW 4 mohite then sent that statement to the police station, on the basis of which offence at Crime no. 116 of 2000 was registered against the appellant for an offence punishable under section 307 of the Indian Penal Code.

(3.) THE investigation was immediately taken up by PW 12 P. S. I. Dhere and he issued a memo to the Executive magistrate for recording the dying declaration. PW 10 Uttam Dudhale, Executive Magistrate, recorded the dying declaration of injured suwarna at Exh. 26. PW 12 Dhere proceeded to the scene of offence and recorded the scene of offence panchanama at Exh. 22. He accordingly arrested the appellant. The memorandum of the appellant came to be recorded at Exh. 30 that the appellant was expressing his willingness to produce the can of oil. Accordingly, the can was produced by the appellant. Suwarna succumbed to her injuries and accordingly, an inquest panchanama at Exh. 17 came to be drawn. The dead body of Suwarna was referred for post mortem and the post mortem was conducted by PW 11 Dr. Satyanarayana Goli. PW 11 Dr. Goli found that Suwarna had sustained 70% burns and according to him, the probable cause of death was due to burns with septicemia. The post mortem report is at Exh. 36. On the death of Suwarna, an offence punishable under section 302 of Indian Penal Code was added. Supplementary statements of the witnesses were recorded. On completion of investigation, a charge-sheet against the appellant came to be filed.