DILIP SHRAWAN KAMANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - original accused is challenging the judgment and order passed by the District and sessions Judge in Sessions Case No. 109 of 2000. By the said judgement and order dated 19/12/2000, the sessions Court was pleased to convict the accused for an offence punishable under section 302 of the Indian penal Code and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs 2000/-and, in default of payment of fine, to suffer further rigorous imprisonment for three months.

(2.) The prosecution case, in brief, is that the appellant was married to the deceased Yeshoda 15 years prior to the incident. She had four children out of the marriage, out of which three survived; one was a son and other two were daughters. The appellant was alcoholic and on 19/5/1998, at about 5. 00 P. M. there was a quarrel between the husband and wife on a very trifle issue. The accused wanted to take the daughter balutai with him, whereas Yeshoda wanted to take the other daughter to the hospital as she was not well and she had insisted that the accused should stay in the house. At that point of time, the accused was enraged. He said that he would burn her mouth and, thereafter, in a fit of rage, he took up a Can of kerosene, poured it on his wife Yeshoda who tried to run away from the house. However, the accused lit a match stick and threw it on the person of Yeshoda and as a result of which the deceased Yeshoda caught fire. The accused, however, extinguished the fire with a quilt and, thereafter, ran away. The father of yeshoda came there and she narrated the incident to him. P. W. 5 - Rupali, wife of the brother of the deceased also came there and the deceased narrated the incident to her. Her father took her to the hospital and Dr. Shinde - P. W. 2 admitted her and noted the case history as narrated by the deceased Yeshoda. Thereafter, P. W. 9 Shinde, P. H. C. recorded the statement of Yeshoda in the presence of P. W. 2 - Dr. Prakash Shinde and Yeshoda again reiterated the facts which were disclosed by her to the other witnesses that her husband had poured kerosene on her and had set her on fire. The FIR was lodged. Thereafter, the panchanama of the scene of offence was made. Yeshoda was shifted to the Civil Hospital, Satara. Thereafter, the Special Executive Magistrate - P. W. 4 recorded the dying declaration of the deceased, after verifying from the doctor that Yeshoda was in a fit condition to give her statement. Yeshoda died due to the burn injuries and an offence under section 302 was registered. The statements of witnesses were recorded by the Investigating Officer. The charge was framed by the Court. The accused pleaded not guilty to the said charge. The trial court, on the basis of the evidence which is brought on record by the prosecution, convicted the accused for the offence punishable under section 302 and sentenced him to suffer rigorous imprisonment for life.

(3.) We have heard the learned Counsel appearing on behalf of the appellant and the learned APP for the state at length. We have perused the judgment and order of the trial court as also the oral and documentary evidence which is brought on record.