SAKHARAM SHANKAR GARJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 11th March, 2011 passed by the Sessions Judge, Beed in Sessions Case No.77/2010, the appellant / accused has preferred this criminal appeal.

(2.) It is the case of the prosecution that the present appellant / accused and his wife Suman (referred to as 'the victim' hereinafter) resided at Khilne Vasti Surudi, taluka Ashti, District Beed. On 16th February, 2010, the accused and the victim were at residence. At about 8 p.m. On that day, the accused poured kerosene on the person of the victim and set her on fire with the help of a burning lamp (chimani). It is the prosecution case that the accused quarreled with the victim to satisfy his need of money for drinking liquor since he was habitual to same. After the said incident, people from the locality including PW 1 Sakharabai arrived at the spot and the victim was taken to the hospital. Accused absconded from the spot after the incident.

(3.) On the basis of the statement given by the victim in the hospital, complaint (Exh.35) was recorded. Offence was registered vide Crime No.77/2010 under Section 498-A read with section 307 of I.P.C., at Ashti Police Station. Investigation was entrusted by Police Inspector Gaikwad to P.S.I. Malwade. After death of the victim, offence was altered to section 498-A read with section 302 of I.P.C. On 18.02.2010, the Investigating Officer conducted the spot panchanama at Exh.45 and also seized articles from the spot. On 22nd February, 2010, the Investigating Officer received information that the victim had succumbed to injuries. On 23.2.2010, the accused was arrested from his village. During the treatment of the victim in the hospital at Ahmednagar, apart from Exh.35 recorded by Constable Shinde, dying declaration at Exh.33 was recorded by the Special Judicial Magistrate Ghungarkar PW 7.