GOVINDA KASHIRAM WANARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned Sessions Judge, Buldana on 23rd February, 1999 framed a charge against the appellant and his father Kashiram Kanhuji Wanare in Sessions Case No. 143/1998 that on 23-9-1998 in furtherance of their common intention, they committed murder of Vandana, wife of the appellant by setting her on fire.

(2.) It is against the said judgment and order of conviction, the appellant has approached this Court by filing the present Appeal. We have heard Shri D. V. Chavan, Advocate who was appointed through Legal Aid Committee, in order to provide legal assistance to the appellant and Shri A. K. Bangadkar, learned Addl. Public Prosecutor for the respondent-State. With their able assistance, we have gone through the record and proceedings.

(3.) The prosecution witness No. 7-Sarangdhar Punjaji Turkmane was holding the charge of Borakhedi Police Station. On 23-9-1998 at about 9.30 p.m., a telephonic information was received at Police Station that at Shelapur one person has killed his wife by setting her on fire. This information was given by Police Patil to Head Constable Kale was who in-charge of Station Diary. The said information was brought to the notice of Sarangdhar Turkmane. He immediately proceeded along with his staff to village Shelapur. They reached there at about 10.00 p.m. On reaching there, the Police Patil was called and the information was confirmed. The Police Patil then showed the house where the incident occurred. When the police staff went the place of occurrence, smoke was noticed in the house and in a room dead body of one lady laying. She was already dead. He appointed a guard there as it was a night time and Panchnama could not be prepared. The appellant was held by people. Ramesh Dalvi, Constable who was at the village for Durgadevi festival bandobast was holding the appellant in front of the house of Dr. Thakur. Prosecution witness No. 7-Sarangdhar took the custody of the appellant/accused from Dalvi and came to the Police Station along with Police Patil. The Police Patil at Police Station lodged an oral report. Gajanan Bhopale was the Police Patil. The report was reduced into writing. It was Exh.20. Offence was registered vide Crime No.64/1998 against the appellant. The arrest Panchanama of the appellant (Exh.13) was prepared.