NIVRUTTI BALA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, appellant challenges his conviction for the offence punishable under Section 302 of the penal Code and the sentence of imprisonment for life inflicted upon him.

(2.) Appellant and his wife came to be prosecuted for setting their son-in-law on fire and causing his death at 1. 00 a. m. on 5-7- 1996. The victim Babasaheb and appellant's daughter Shobha were residing with their children in one of the rooms of the appellant's house. Babasaheb was addicted to liquor and used to pick up quarrels. Even on the night of 4-7-1996, at about 9. 00 p. m. , deceased Babasaheb quarrelled with his wife. It is the prosecution case that the appellant and his wife poured kerosene on babasaheb when he was asleep and set him on fire. The flames made Babasaheb wake up. He found his parents-in-law standing by his side. He screamed and ran out of the house. His wife Shobha extinguished the flames. He was then taken to hospital where he succumbed to his injuries at about 10. 00 a. m. on 5-7-1996. His statement had been recorded by the police whereupon an offence was registered.

(3.) In course of investigation, police recorded statements of witnesses, seized inriminating articles, sent the incriminating articles to the Forensic Science Laboratory, perfprmed necessary panchanamas, caused he post-mortem to be conducted and on completion of investigation arrested and charge-sheeted the accused. The learned judicial Magistrate, First Class, Shirala, district Sangli, committed the case to the court of Sessions at Sangli.