LAWS(BOM)-2024-4-156

SUNNY ARJUN SONAVANE Vs. STATE OF MAHARASHTRA

Decided On April 23, 2024
Sunny Arjun Sonavane Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this appeal, the appellant has impugned the judgment and order dtd. 2/1/2018 passed by the learned Additional Sessions Judge, Thane, in Sessions Case No.388/2013, by which the learned Judge was pleased to convict the appellant for the offence punishable under Sec. 302 of the Indian Penal Code ('IPC') and sentenced him to suffer imprisonment for life for the said offence and to pay a fine of Rs.10,000.00, in default, to suffer RI for 3 months. The learned Judge directed that on payment of fine, the same to be paid to the nearest relative of the victim as compensation under Sec. 357(i) of the Code of Criminal Procedure.

(2.) According to the prosecution, an incident took place on 4/5/2013 at around 9:00/9:30 pm during the Haldi programme of one Naresh Akhade, which was held in front of Ekta Vidyalaya. In the said incident, a quarrel took place between the appellant and Rakesh @ Rocky (PW4), in which Ganesh (deceased) intervened and stopped the quarrel. The said quarrel was settled due to his intervention, pursuant to which, both i.e. the appellant and Rakesh @ Rocky, left the spot. It is further the prosecution case, that thereafter, at around 11:30 pm, the appellant came with a plastic bucket containing petrol, questioned Ganesh as to why he had intervened in the quarrel and thereafter poured petrol on his person and lit a matchstick and threw it on Ganesh. Ganesh was taken to a hospital at Airoli and thereafter, to the Municipal Hospital at Vashi and again thereafter to the Burns Hospital at Airoli. Ganesh succumbed to his injuries on 7/5/2013 at about 6:00 / 6:30 pm. The cause of death is stated to be 'septicemic shock due to burns'. FIR was lodged in the said case by PW1-Tilak Kotal (brother of the deceased-Ganesh). The said FIR is exhibited, as Exhibit 13.

(3.) During the course of investigation, the police recorded the statements of witnesses and prepared the spot panchnama and carried out other investigation. After investigation, the police filed charge-sheet in the said case in the Court of the learned Judicial Magistrate, First Class, Vashi.