RAMU MAGARU SONAVANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order passed by the learned lind Additional Sessions Judge, Satara dated 22. 5. 1992 convicting the appellant of an offence under Section 302 I. P. C. and imposing the sentence of imprisonment for life and to pay a fine of Rs. 2000/- in default to suffer R. I. for six months.

(2.) THE appellant-accused Ramu Magaru Sonavane who was aged 60 years at the time of occurrence is the husband of the deceased Sarubai who was aged about 55 years at that time is alleged to have caused the death of Sarubai by setting her on fire after pouring kerosene on her person on 17. 3. 1991 at 9. 30 p. m. in their hut situated at Balwadi Zopadpatti, Satara.

(3.) THE case of the prosecution was as follows: Deceased Sarubai was the second wife of the appellant-accused. That was also the second marriage of Sarubai with the appellant. From his first wife the appellant has a son and a daughter and from her first husband, Sarubai had a daughter who is married to Baban (P. W. 4 ). At the material time, the appellant and Sarubai were separately residing in their hut. Baban was residing separately in the same Zopadapatti with his wife. There used to be domestic quarrels between the appellant and his wife. The appellant perhaps suspected the character and chastity of his wife and also suspected that his son in law Baban had illicit relations with her. On 17. 3. 199 1 in the evening a dispute started between the husband and wife over some domestic problem and it is alleged that at about 9. 00 p. m. the appellant poured kerosene on the person of Sarubai from a wicker lamp and set her clothes on fire by lighting a match stick. As a result of the bums lower portion of the body of Sarubai suffered injuries. The appellant himself extinguished the fire and removed the burning saree from the person of Sarubai and rushed to the house of Baban and called him. Meanwhile, hearing shouts of Sarubai, neighbours collected at their house. Baban immediately came to the spot along with the appellant. The appellant, Baban and others then removed the injured Sarubai to Civil Hospital, Satara and she was admitted in the said hospital. Sarubai however died in consequence of the bum injuries on 19. 3. 1991. After Sarubai was admitted in the hospital information was conveyed to city Police Station, Salara. Head Constable Vithal Kikale (P. W. 5) proceeded to the hospital and recorded the statement of Sarubai. Further investigation was carried on by P. S. I. Waikar (P. W. 6 ). He arranged to get the statement of the injured recorded by the Special Executive Magistrate Sahebrao Sitaram investigation, he submitted the charge sheet against the appellant for offence under Section 302 I. P. C. The case was in due course committed to the Court of Session at Satara, The defence of the appellant was one of total denial. However, he made a statement at the end of his examination under Section 313 Cr. P. c. when he was asked whether he wanted to say anything more. We shall refer to that explanation in due course of discussion.