NAVNATH MACHINDRA KANDHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being agrieved by his conviction for offences punishable under Sections 302 and 498A of the Indian Penal Code recorded by the learned Additional Sessions Judge, Solapur, and the resultant sentence imposed upon him, the appellant has preferred this appeal.

(2.) Facts which led to prosecution of the accused for harassment and murder of his wife are as under:

(3.) On 28.12.1996, the deceased had gone to forest to collect fire wood and returned at about 5.00 p.m. She was waiting for her husband, after preparing food for children. The appellant returned at 8.30 p.m. under the influence of liquor and questioned as to why she had gone to forest without his permission. He started beating her and then poured a bottle of kerosene on her person and set her on fire. She raised a cry, ran out of the house and rolled over the ground to extinguish the fire. Her relations took her to government hospital at Mohol where she was given first aid and then shifted to civil hospital at Solapur. While under treatment at civil hospital at Solapur, she stated about the cause of her burns, not only to Medical Officer but also to the Head Constable and Special Executive Magistrate. An offence was registered and investigation commenced. The victim succumbed to her injuries. After inquest, her body was sent for post-mortem examination. On completion of investigation, charge-sheet was sent to the learned Judicial Magistrate, First Class, Mohol who committed the case to the Court of Session at Solapur.