BURAKHBEE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Criminal appeal is directed against the judgment and order dated 29.6.1994, passed by learned 2nd Additional Sessions Judge, Parbhani in Sessions Trial No. 99/1991 whereby the appellant Burakhbee (original accused No. l) has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life and to pay fine of Rs.500/-. in default rigorous imprisonment for fifty days. By the same judgment, the other accused persons, namely accused Nos.2 to 7 have been acquitted of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. All the accused persons, including the present appellant, have been acquitted of the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code.

(2.) The prosecution story runs as under:

(3.) It is stated that on 3.4.1991 at about 10.00 a.m., when Halimabee was folding clothes in her matrimonial house, the appellant (original accused No. l) Burakhbee came from her back side, poured kerosene on her person and set her on fire with a match stick. The deceased caught-fire and cried for help. Pashamiya, her brother-in-law, came to her rescue and extinguished fire by pouring water on her person. She was rushed to the hospital. In the hospital her report was recorded by Police Head Constable attached to the Outpost of the Hospital. This report was later treated as F.I.R. Executive Magistrate was summoned and he recorded the dying declaration of the deceased. In the dying declarations, the deceased blamed the present appellant for having set her on fire. Offences came to be registered and all the accused persons, including the present appellant and other relatives of the husband of the deceased, numbering 7, came to be prosecuted for the offences punishable under Sections 498-A and 302 read with Section 34 of the Indian Penal Code.