SUNKAPPA NAGAPPA PUJARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 29-6-1993, passed by the IVth Additional Sessions Judge, Solapur in Session Case No. 56 of 1993, convicting and sentencing him to undergo imprisonment for life under section 302 of IPC has come up in appeal before us.

(2.) THE prosecution case in brief is that the deceased Sarojini was the wife of the appellant. About 2 years prior to the incident she was married to the appellant. The couples used to live in Maulali Chowk area in the city of Solapur. Sarojini always used to complain about the appellant quarreling with her and beating her. This was not taken serious note of by her parents, her uncle Gadappa Bhimanna Metepatil, P. W. 4 and other family members because, they thought them to be usual quarrels which take place between husband and wife. On 30-11-1992,the uncle of the deceased, Gadappa Bhimanna Metepatil (P. W. 4) a resident of Ambedkar Nagar had some work near the Central Talkies. At about 4 pm while he was on his way for that work he passed near the house of the appellant and saw a big crowd standing there. Some persons from the crowd told him that the daughter of his brother was set to fire and taken to Civil Hospital. Immediately Gadappa proceeded and informed his brother Ayeppa, father of Sarojini who used to reside in Kumta Naka area. On receipt of the information from him Ayeppa and his wife immediately went to Civil Hospital, Sholapur in an auto rickshaw and Gadappa followed them on a motor cycle. In the hospital Gadappa discovered that Sarojini had burns all over her body. When he enquired from her as to what had happened she replied that the appellant was sore against her because against his wishes, previous day, she had gone to attend the Sakharpuda (engagement) function of her younger sister. She also told him that on account of that the appellant started beating her from early morning (morning of 30-11-1992) and at about 3 p. m the same day hit her with a stool. Thereafter the appellant burnt her with a cigarette on her face and she started crying aloud. Thereafter the appellant poured kersense oil on her person and set fire to her with a match stick. Same day at about at 11 p. m. Sarojini is alleged to have succumbed to her injuries in the Civil Hospital, Solapur.

(3.) GOING backwards, Sarojini was admitted in Civil Hospital, Solapur at 3. 35 p. m by her father-in-Law Nagappa. There she was examined by Dr. Abhijit Suhas Mhaskar P. W. 10. and Dr. Ashok Nilappa Bolde P. W. 5. On her right eyebrow, both doctors found a contused lacerated wound 2 cm x 1 cm. Dr. Bolde PW 5 also found circular burn marks, five in number on the left cheek and three in number on the right cheek. According to both the doctors she had 100% burns ranging from superficial to deep. Both the doctors asked her as to how she had sustained injuries and she replied that she was beaten and burnt. The same day (30-11-1992) Abdul Farid Shaikh P. H. C. (P. W. 9) received an order Exh. 28 from Head constable Swamy at about 4 p. m. to proceed to Civil Hospital, Solapur in connection with recording of the statement of Sarojinii who was admitted in the aforesaid hospital. Immediately, P. H. C. Abdul Farid Shaikh, P. W. 9 proceeded for Civil Hospital, Solapur where on reaching the casualty ward, he enquired from Dr. Bolde P. W. 5 as to whether Sarojini who was admitted in that ward was in a fit condition to give her statement. To his aforesaid querry, the doctor replied in the affirmative. P. H. C. Shaikh turned out the large crowd which was present there and after putting some question to her to which she replied, he recorded her statement (dying declaration) in question and answer form. The endorsement of Dr. Bolde that she was conscious is Exhibit 21 and the statement of Sarojini is Exhibit 21a. In our opinion, the aforesaid statement is of vital importance to the decision of this case. Hence, we are reproducing the same:-