BHASKAR VITTHAL PANGHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these criminal appeals arise out of the judgment and order dt. 28th February, 2000 passed by the Sessions Judge, Chandrapur in Sessions Case No. 159 of 1998. The Criminal Appeal No. 114 of 2000 is filed by the original accused no.2 Bhaskar s/o. Vitthal Panghate against the Judgment passed by the learned Sessions Judge, Chandrapur in said Sessions Case whereby he has been convicted for an offence punishable u/s. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months. The Criminal Appeal No. 158 of 2000 is filed by the State of Maharashtra against the said Judgment whereby the original accused no.1 Sau. Nirmala w/o. Bhaskar Panghate is acquitted of the offence punishable u/s. 302 r/w. 34 of the Indian Penal Code. As both the appeals arise out of the same judgment and order passed by the Sessions Judge, Chandrapur in Sessions Trial No. 159 of 1998, they are being disposed of by the common judgment.

(2.) THE appellant in Criminal Appeal No. 114 of 2000 Bhaskar S/o. Vitthal Panghate is the original accused no.2 who is hereinafter referred to as "accused no.2". THE respondent in Criminal Appeal No. 158 of 2000 Smt. Nirmala Panghate is the original accused no.1 who is hereinafter referred to as "accused no.1".

(3.) INITIALLY, the offence was registered u/s. 307 of the Indian Penal Code. P. S. I. Vijay Patil (P. W.10) took up the investigation immediately and he visited the spot where the incident occurred and attached the match box, plastic can containing half litre of kerosene, burnt pieces of clothes and skin found on the spot. Panchanama was drawn which is at Exh.31. He referred the articles attached by him to the Chemical Analyser. The Chemical Analyser's report is at Exh.49. Accused no.2 Bhaskar was absconding since the date of incident. He could not be traced out till the time of filing of the charge-sheet. He was arrested four months thereafter. As Sushila died due to burn injuries, the offence u/s. 307 r/w. section34 was converted into section302 r/w. 34 of the Indian Penal Code.