BABURAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused Baburao Nimkar being dissatisfied with the order of conviction and sentence passed by the Additional Sessions Judge, Bhandara in Sessions Case No. 139 of 1998 dated 6.1.2001 convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and directing him to suffer imprisonment for life and to pay a fine of Rs.500/- in default R.I. for six months filed present appeal.

(2.) The facts, in brief, leading to the present appeal are as follows :-

(3.) The prosecution, to connect the accused with the above said Crime, examined near about 16 witnesses. PW 1 is Hansraj Parasram Ilpate, a Ward Boy attached to the Government Hospital, Tumsar, who had been to the Police Station alongwith a letter given by the Doctor informing about the burn injuries sustained by Kalabai on 24.10.1998, which is proved at Ex.20. Evidence of this witness is at Ex.19. PW 2 is Saraswatibai Rajaramji Bhajipale, the mother of the deceased Kalabai. Her evidence is at Ex. 21. She visited the hospital where Kalabai was admitted due to burn injuries to her and Kalabai accordingly disclosed that the present appellant poured kerosene on her person on fire. PW 3 is Jitendra Baburao Nimkar son of the appellant who took Kalabai to the hospital in auto-rickshaw after she sustained burn injuries and before whom there is an oral dying declaration about the cause of burn injuries. Evidence of this witness is at Ex.22. PW 4 is one Antaram Vithoba; PW.5 is Yashoda Antaram Thakre; and PW 7 is Ashok Kisanji Rokde and all these witnesses are neighbours residing by the side of the house of present appellant and on the day of incident they tried to extinguish the fire, however, these three witnesses turned hostile. PW 6 is panch witness on the spot panchanama, attachment of clothes from the place of incident and the arrest panchanama. Evidence of this witness is at Ex.26. Panchanama as regards the seizure of certain articles and arrest panchanama and the attachment of clothes on the person of the accused at Ex.27, 28 and 29 are accordingly got proved. PW 8 Fulchand is the brother of present appellant who made a report to the Police Station, Tumsar and on the basis of it Crime was registered, however, this witness is turned hostile. PW 9 Dr. Milind Deshkar is the Medical Officer attached to the General Hospital, Bhandara who gave intimation to the police station about the death of Kalabai when she was taking treatment in the hospital on 29.10.1998. The said intimation is at Ex.34. Evidence of this witness is at Ex.33. PW 10 Vimal Ramchandra Desai Police Constable, a formal witness who deputed for carrying papers of accidental death No. 0/98 to police station, Tumsar and she accordingly took papers to Police Station, Tumsar. Evidence of this witness is at Ex.35. PW 11 is Kachru Nathuji Lunde, ASI attached to police station Tumsar and on 24.10.1998 he made a request to the Doctor to examine Kalabai. Doctor accordingly examined and given certificate about burn injuries sustained by Kalabai to the extent of 70%. Letter given by this witness is at Ex. 37 while the certificate given by the Doctor is at Ex.39. PW 12 is Dr. Padmakar Sukhram Ramteke, who was on duty at the Government Hospital, Tumsar. On 24.10.1998 when Kalabai was admitted in the hospital at about 4.15 p.m. he noticed near about 70% burn injuries over neck, upper limb thorax and abdominal wall up to public symphysis and other parts of the body. PW 13 is Ashok Sonwane PSI attached to Police Station, Tumsar, who investigated the above said crime referred the attached property from Crime to C.A. alongwith requisition letter (Ex. 41). C.A. report is at (Ex.42). PW 14 is Deonath Mansaram Meshram, Naib Tahsildar attached to Tahsil Office, Tumsar, who was on duty on 24.10.98 and recorded dying declaration of Kalabai. The evidence of this witness is at Ex.43. The requisition letter received to this witness is proved at Ex. 45. He thereafter ascertained the condition of Kalabai and thereafter recorded dying declaration, which is proved at Ex. 46. PW 15 is PSI Mohd. Iqbal Mohd. Hussain who initially investigated the above crime and recorded the statement of PW 8 Fulchand Nimkar and accordingly registered the crime, which is at Ex.51. The printed FIR is at Ex.52. He then visited the place of incident and prepared spot panchanama, attached certain articles, arrested the accused and the clothes which were on the person of the accused were also attached. This witness also recorded the statement of Kalabai when she was admitted in the hospital and the said statement is proved at Ex.54. PW 16 is Banwarilal Netlal Lilhare a police constable with whom the attached property of Crime No. 230/98 is referred to C.A. that is with the requisition letter (Ex.41). Evidence of this witness is at Ex.62.