SARANG MANIK GARAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, vide judgment and order dtd. 15/7/2019 passed by Additional Sessions Judge, Hingoli in Sessions Case No. 34 of 2016, has been convicted for committing murder of his wife by setting her ablaze, and therefore, sentenced to suffer imprisonment for life and to pay fine of Rs.5,000.00 with default stipulation. He is, therefore, in this appeal before us.

(2.) The record indicates that alongwith the appellant, his mother, brother and even brother's wife were charged and prosecuted for offences punishable under Ss. 302, 304(B) and 498-A read with Sec. 34 of the Indian Penal Code ('I.P.C.'). After appreciation of the evidence on record, it was realised that the appellant and the deceased were the only persons residing together. The trial Court, therefore, rightly acquitted the mother, brother of the appellant and brother's wife. The appellant too was acquitted of the offences punishable under Sec. 304-B and 498-A of the I.P.C. Neither the State nor victim has preferred appeal against acquittal.

(3.) The facts, giving rise to the present appeal, are as under :-