JALBA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and conviction order dated 13th October, 1992 passed by the learned 2nd Additional Sessions Judge, Nanded in Sessions Cases No. 61 of 1992, on his file. The learned Judge had convicted the appellant of the offence punishable under Section 302 of the Indian Penal Code, and had sentenced him to suffer R.I. for life and to pay a fine of Rs. 500/ -, in default, to suffer further R.I. for three months. Appropriate orders regarding the set off of the period of detention were passed.

(2.) THE appellant, a resident of CIDCO Colony Nanded was an employee of some Textile Mill and was, probably, active in the trade -union activities. His first wife had died some years ago, leaving behind about three children and, thereafter, he had married with deceased - Sumanbai, about 15 -years before the date of the incident, which is said to have been taken place on 11.11.1990. According to the prosecution, the appellant had returned home at about 11.00 pm on 11.11.1991 and he was drunk and under the influence of alcohol. Having reached home, he picked up some quarrel with deceased -Sumanbai and, then, thrashed her severely. Finally, he is alleged to have been poured on her person kerosene and to have set her on fire by igniting her clothes with a kerosene lamp that was burning in the house. The house itself consisted of one room of 10 x 12. Sumanbai suffered extensive burn injuries almost all over the body and she had rushed out of the house while in flames. She fell somewhere near a lamppost in front of her house. Some neighbours and the appellant extinguished the fire and, ultimately, those neighbours and the appellant removed Sumanbai to Shri Guru Govindsingh Memorial Hospital at Nanded. Dr. Mahure (PW 3), was on duty and he treated the patient. He registered a medico -legal case and after noting the history reported the incident to the police. PW 7, ASI Utkar, reached the hospital and recorded the first dying declaration of Sumanbai (Exh. 27) between 5.30 am and 5.45 am. The matter was, then, reported to Civil Judge (Jr. Dn.) and Judicial Magistrate, First Class - Shri Birajdar (PW 2) who reached the hospital early in the morning at about 7.00 a.m. and recorded the second dying declaration (Exh. 21). Dr. Mahure had certified the consciousness of Sumanbai on both of these dying declarations. The incident was reported by the neighbours to the relatives of Sumanbai. As a result PW 6, Bhagwan came immediately to the scene of offence and, according to his version, Sumanbai had made an oral dying declaration before him. PW 4 Parsuram, the father of the deceased, came by the evening to the hospital and one more oral dying declaration was alleged to have been made in his presence by Sumanbai. PW 5, Ashok, another brother of the deceased, arrived in the hospital at about 7 00 p.m. on 13.11.1991 and one more oral dying declaration was alleged to have been made by Sumanbai in his presence. The investigations were conducted partly by PW 7, ASI Utkar and partly by PSI Nimanwad (PW 8). Finally, the charge -sheet was submitted and after committal, the appellant was tried in the Sessions Court at Nanded.

(3.) AT the trial, the prosecution examined in all eight witnesses, ASI Utkar (PW7), CJJD and JMFC Shri Birajdar (PW 2) and Dr. Mahure (PW 3) were examined to prove the dying declarations and the condition of health of Sumanbai, while making the dying declarations. PW 1, More was examined to prove the post - mortem examination notes which he had made after the death of Sumanbai on 14.11.1991 at about 6.00 p.m. For proving the oral dying declarations PW 4, Parsuram Wade (father), PW 5, Ashok Wade (brother) and PW 6, Bhagwan Wade (another brother) were examined. PSI Nimanwad (PW 8) was examined to prove the cross -investigations.