PRAKASH YUVRAJ SONAWANE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original accused has preferred this appeal against the judgment and order dated 22nd February, 2012 passed by the learned Additional Sessions Judge. Nashik in Sessions Case No. 222 of 2011. By the said judgment and order, the learned Sessions Judge has convicted the appellant under Sections 302, 498A and 323 of IPC. For the offence punishable under Section 302 of IPC, the appellant was sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/- in default RI for one year. For the offence punishable under Section 498A of IPC, the appellant was sentenced to RI for one year and fine of Rs. 1000/- in default RI for six months and for the offence punishable under Section 323 of IPC, the appellant was sentenced to RI for one year. The prosecution case briefly stated is as under:

(2.) Charge came to be framed against the appellant under Sections 302, 498A, 323, 504 and 506 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in para-1 above, hence, this appeal.

(3.) We have heard the learned Advocate for the appellant and the learned APP for the State. We have carefully considered their submissions, the judgment and order passed by the learned Sessions Judge and the evidence in this case. After carefully considering the matter, we are of the opinion that the appellant poured kerosene on his wife Jyoti and set her on fire which led to her death.