RAJU SHANKAR SHETE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was charged, tried and has been convicted under Section 302 of the Indian Penal Code (for "ipc") by the judgment and order dated-30th March, 1996, passed by the Sessions Judge, Sangli, in Sessions Case No. 29 of 1993. THErefore, this Appeal.

(2.) The name of the deceased is Alka Bhise ("the deceased" ). THE date of incident is 27th November, 1992 at10. 00 a. m. THE deceased died on30th November, 1992 because of 68% burn injuries. THE appellant had illicit relations with the deceased. After marriage, the appellant refused to maintain the deceased. She, therefore, started visiting the house of the accused and lastly on26th November, 1992, insisted for her maintenance, as appellant used to provide her money and grains before his marriage. THE appellant refused the same. During the quarrel, as she had also threatened, as per prosecution, the appellant poured kerosene on the body of the deceased. THE deceased Alka, however, ran away due to fear and went to her house. On 27th November, 1992, at about10. 00 a. m. , the appellant visited the house of the deceased and immediately during the quarrel, accused again poured kerosene on her body from the bottle, which was lying in her house and set her on fire. THE deceased Alka shouted. P.W.4-Vidya Bhosale, Shalan Chavan, after hearing the shouts reached there. THE accused, however, ran away. Nobody from the locality helped the deceased. THE deceased, therefore, on her own in an injured condition, walked to the Primary Health Centre (PHC), Dhalgaon for treatment.

(3.) P.W.9 Head Constable Tukaram Ninappa Paithane, on27th November, 1992, at about22. 00 hours requested by a letter (Exhibit-26) to the Special Executive Magistrate (SEM) Mr. Jadhav (P.W.7), to record a dying declaration. Dr. Mali (P. W.13), had informed about the consciousness of the deceased and her fit state of mind to give the statement. The SEM at22. 45 hours, after disclosing his identity to the deceased, informed his purpose of the visit. He had put requisite questions to the deceased to which she replied and the SEM recorded accordingly (Exhibit-27) in presence of Dr. Mali. After completion of the declaration, the contents were read over to the deceased. She admitted the contents to be true, correct and as per her version. The SEM took her thumb impression on the statement (Exhibit-27) and also obtained the endorsement of Dr. Mali on it. The SEM gave the sealed envelope in the name of the Judicial Magistrate, First Class Kawathe-Mahankal and also supplied the copy of the statement to the Head Constable Paithane (P.W.9 ). The written report accordingly, was submitted by Paithane (P. W. 9), to the Market Yard Police Station.