STATE OF MAHARASHTRA Vs. SUNITA RAMESH KASABE

JUDGEMENT

(1.) On 2nd June, 2000, the 11th Additional Sessions Judge, Pune in sessions Case No. 466 of 1999 acquitted the present respondents of the offence punishable under section 302 of the IPC. The Sate of maharashtra aggrieved thereby has approached this court by means of this appeal against the judgment of acquittal.

(2.) Rupesh (since deceased) and sunita (present respondent No. 1-original accused No. 1) developed love for each other. Rupesh though got married to some other woman, he used to visit Sunita frequently. On 7-7-1999 in the evening Rupesh went to the house of Sunita. Both of them consumed liquor and prepared meals. Thereafter, at about 10. 00 p. m. Rupesh went for a walk. After about half an hour Rupesh came back to the house of Sunita and found Sunita and one unknown person in compromising position and having sexual intercourse. Rupesh having questioned the unknown person of what he was being doing with sunita, that unknown person slapped Rupesh and pushed him. Sunita and the said unknown person brought one kerosene can and poured the kerosene on the person of Rupesh and one of them ignited match-stick. As a result of this, Rupesh sustained burn injuries. Sunita took Rupesh to his parents' house. Immediately, the ambulance was called and rupesh was taken to the Sassoon Hospital where he arrived at 00. 20 hours (8-7-99) alongwith his relatives. From Sassoon hospital, an information was sent to Yamuna nagar Police Chowky that Rupesh is admitted in Sassoon Hospital and he had sustained burn injuries. PSI Chagga who was attached to yamuna Nagar Police Chowky gave information to PSI Sunil Dadasaheb Ghadge (PW8). Based on the said information, PSI ghadge arrived at the Sassoon Hospital. After Dr. Prafulla Govind Hirode (PW2) opined that Rupesh was well oriented and conscious, PSI Ghadge took down the report given by Rupesh and based on that, the first information report was lodged. The requisition was also sent to the Special judicial Magistrate Mr. Kantilal Rajaram adasul (PW5). The Special Judicial magistrate arrived at the hospital at about 5 - 5.30 a. m. (8-7-99) and upon being certified by Dr. Hirode that Rupesh was conscious, well oriented and in a condition to give dying declaration, the Special Judicial Magistrate recorded the dying declaration (Exhibit 26). As already indicated above, on the basis of the report given by Rupesh, the case under section 307 read with section 34 of the IPC was registered and on 8-7-99 Sunita was arrested. During the course of investigation sandeep Shivram Mahadik (present respondent No. 2-original accused No. 2) was arrested on 9-7-99. He was identified by rupesh. Rupesh died on 15-7-99 having 62% of burn injuries. As per the post-mortem notes, Rupesh died of shock due to burn injuries. In the light of the death of Rupesh, secuon 302 was added in the first information report. Upon conclusion of the investigation, pw8 submitted charge-sheet in the court of judicial Magistrate and the accused persons were committed for trial in the Court of additional Sessions Judge, Pune.

(3.) The Additional Sessions Judge framed the charge against the accused persons thus-