RAMESH CHAITRAM SHELAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was accused of murdering his wife Sushila (referred hereinafter "the deceased"), by setting her ablaze. By the impugned judgment and order dated 12/6/1995, the learned Sessions Judge, has convicted the appellant for the offence punishable under section 302 and Section 498-A of the Indian Penal Code (IPC). Therefore, this appeal.

(2.) THE deceased was residing with the appellant, two sons and her mother-in-law in the small two- room house at Shemali, Taluka Satana, District Nasik. The deceased was resisting the insistence of the appellant for the divorce, as he wanted to marry one Surekha, with whom he had illicit relation. The appellant was harassing and beating the deceased for the same. They were quarrelling regularly on this count. The reasons for their quarrel was known to the neighbours (P.W.2 to P.W. 6).

(3.) POLICE Head Constable P.W. 7, on information from the hospital at Satana, sent Police Head Constable Bhoye and Honorary Magistrate (hereinafter referred "H.M.") Mr. Pakale, (P.W. 4) for recording a dying declaration (referred hereinafter as "first dying declaration") of the deceased. The said first D.D. (Exh.28) was recorded on 27/9/1989, in question and answer form in Marathi language. The said first D.D. was scribed in Marathi by the Police Head Constable, as H.M’s eye sight was weak, and his hands were cramping. Dr. Hemant (P.W. 8) had granted due permission for recording the first dying declaration. The deceased had again stated that her husband set her on fire, as he wanted to perform second marriage. The deceased had put thumb-impression on the said statement. It is signed by the H.M. Dr. Hemant has also endorsed and signed it. This Doctor has also endorsed on the top of the statement that "the patient is conscious and is in position to give statement". The said endorsement was given after examining the patient. In presence of Dr. Hemant, the H.M. had noted the first dying declaration. Dr. Hemant after basic treatment, had referred the deceased to Civil Hospital, Nasik.