VISHNU BAPURAO LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is challenging the conviction recorded by the II Extra Joint Sessions Judge, Thane on 23rd July, 1993 in Sessions Case No, 206 of 1991 by which the appellant came to be convicted under Section 302 of I. P. C. and sentenced to suffer imprisonment for life and to pay fine of Rs. 1,000/- and in default of payment of fine, to undergo R. I. for three months for committing murder of his mistress Tarabai Vishnu and her daughter Chhabu by pouring kerosene on the person of Tarabai and setting her ablaze on 6th January, 1991 in the night at about 10 p. m.

(2.) THE prosecution case in nutshell is as follows: Tarabai was the mistress of the appellant and Chhabu was the daughter of Tarabai from her husband. They were residing at Chakki Naka, Gosavipura, Kalyan in a chawl. On 6th January, 1991, in the night at about 10, the appellant returned from his service in a drunken state. Tarabai gave him food and questioned him about his drinking habit. This was not liked by the appellant and first the appellant assaulted Tarabai, exchange of words took place between the two and thereafter appellant poured kerosene on her body and set her ablaze by means of a burning chimney. Chhabu, aged two years, was sleeping nearby. She elapsed Tarabai on seeing that her mother was ablaze. Tarabai came outside her house along with Chhabu and. shouted for help. The neighbours extinguished the fire. Tarabai and Chhabu fell down. In the meanwhile, the appellant ran away. Some unknown person reported this incident at Netivali Police Outpost t9 Police Head Constable Raghunath Jadhav (P. W. 2 ). Jadhav came to the place of incident in Rickshaw alongwith the said unknown reporter. He found Tarabai and Chhabu in burnt condition. They were first rushed to the Municipal Hospital, Kalyan. However, Dr. advised him to take them to Central Hospital, Ulhasnagar. Accordingly, Tarabai was taken to the Central Hospital, Ulhasnagar. The dying declaration of Tarabai (Ex. 24) was recorded by SDM, Hilda Das (P. W. 1 ). Thereafter, Jadhav himself lodged the complaint, Ex. 26 against the appellant on reading the said dying declaration. Tarabai suffered 78% burns while Chhabu 96% burns. Chhabu died immediately. Tarabai died on 8th January, 1991 at about 8. 15 a. m.

(3.) THE appellant defended himself by contending that he was not concerned with Tarabai. She deserted her husband and was leading a debaucherous life. Thus he denied his involvement in the crime. It was also contended that accident had taken place and due to the said accident fire had taken place causing injuries to both.