SHAHU PARSHU RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 5-3-1999 passed by the Addl. Sessions Judge, Osmanabad in sessions Case No, 21 /1996, convicting him for an offence punishable under section 302 of I. P. C. and sentencing to suffer imprisonment for life and to pay fine of Rs. 1000/-, in default, to suffer S. I. for one year and, for an offence punishable under section 307 of I. P. C. , to suffer R. I. for seven years and to pay fine of Rs. 1000/-, in default, to suffer S,i. for one year. The substantive sentences were directed to run concurrently.

(2.) The prosecution case, in brief, is as under : initially, there were there accused persons against whom the charge was framed and the case was tried. Original accused Nos. 1 and 2, namely, Umalabai w/o bhau Rathod and Malanbai w/o Shahu rathod were acquitted of the charges levelled against them and the present appellant (original accused No. 3) Shahu was convicted as aforesaid. The acquitted accused No. 1 Umalabai is mother of acquitted accused No. 2 Malanbai, who is wife of present appellant Shahu. The acquitted accused No. 1 was residing at jahagirdarwadi Laxman Tanda and the appellant and his wife Malanbai were residing together at Shingoli Laman Tanda, which is at about 4 furlong distance from jahagirdarwadi Laman Tanda. The eldest son of deceased Dhamabai was residing along with his Devidas at Osmanabad. The deceased Dhamabai was residing separate along with her youngest son Bala. It is alleged that after death of husband of dhamabai, illicit intimacy developed between the deceased and appellant Shahu. Shahu used to visit frequently the house of dhamabai. The in-laws and brother of dhamabia namely Devidas, did not like this relationship. They advised Dhamabai to sever her relations with Shahu. It is alleged that Malanbai wife of Shahu and Umalabai, mother-in-law of Shahu also did not like illicit relationship between deceased dhamabai and appellant Shahu and they were disliking deceased Dhamabai for this reason. It is alleged that four days prior to the incident, Umalabai and Malanbai had a quarrel with deceased Dhamabai and had given threats to her. They has cautioned sonabai to control Dhamabai. Shahu continued to visit the house of Dhamabai. It is alleged that in the night of 23rd May, 1995, dhamabai was sleeping in her house along with her younger son Balaji, by keeping the door of her house open. At about 2 a. m. , it is alleged that the appellant entered the house of Dhamabai and poured kerosene on the person of Dhamabai while she was sleeping and set her on fire. The reason was that she was not allowing him to maintain illicit relations. Dhamabai and her son received burn injuries. After hearing cries, mother-in-law of Dhamabai as well as other neighbours woke up and rushed to the house of Dhamabai. It is alleged that sonabai, mother-in-law of Dhamabai came out of house and she saw Shahu coming out of house of Dhamabai and running away. She asked Shahu as to why he was running away. Shahu fell down while he was running but, he got up and again started running. Before all could assemble at the spot, deceased Dhamabai and her son sustained severe burn injuries. The deceased was brought by auto rickshaw to Jahagirwadi Laman Tanda by devidas and both the injured were taken to civil Hospital, Osmanabad. Information was given to Osmanabad Rural Police Station. Statement of Dhamabai was recorded in the civil Hospital by A. S. I. Ghadge and on the basis of her complaint, crime was registered in the Police Station at Cri. No. 64/95 for offences punishable under section 307 r. w. 34 of I. P. C. on 23rd May, 1995. On the request of the Police, taluka Executive Magistrate Sayyad Ikbal Sahab recorded dying declaration of Dhamabai on 24th May, 1995. In the dying declaration, she narrated the incident to the Magistrate that accused shahu at about 2 a. m. entered her house and poured kerosene on her person and set her on fire.

(3.) It is further alleged that on 23rd May, 1995, the appellant Shahu also went to Civil hospital for medical treatment where Dr. Chavan examined him. The appellant had suffered to abrasions on right and left knees. Police started investigation. Statements of witnesses were recorded, spot Panchanama was drawn. Balu, son of deceased had suffered 40% burn injuries and deceased dhamabai had suffered 86% burn injuries. She succumbed to the injuries on 25-5-1995. Inquest was prepared and autopsy was conducted. The police seized sample for earth, partial burnt pieces of sari and sent for chemical analysis. Police collected post-mortem report, Chemical Analyser's reported and after completion of the investigation, filed charge-sheet in the Court of Chief Judicial Magistrate, Osmanabad and case was tried thereafter, in the Sessions Court.