BHARAT DWARKANATH DHARNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the order of conviction and sentence passed by the Additional Sessions Judge, Greater bombay in Sessions Case No. 452 of 1997 on 6-3-2000 the appellants-accused have preferred this appeal on the grounds mentioned in the memo of appeal and also verbally canvassed before us.

(2.) WITH the assistance of the learned counsel for the appellants and the learned additional Public Prosecutor we have perused the entire evidence and reappreciated the same.

(3.) THE prosecution story as it emerges from our reappreciation of evidence stated briefly is that on 10-2-1997 at about 10. 30 in the morning there was a dispute in the family of the victim and the accused. Such disputes were usual and therefore were liable to be ignored. However to avoid recurrence mother of the victim Asha went to the police station to lodge a complaint about the happenings earlier that day. The other side was also represented in the police station by the sister of victim's father (Aatya) and the victim was alone in the house. It is the case of the prosecution that when the victim was alone in the house accused No. l entered the house, poured kerosene on her and the accused No. 2 lighted the clothes of the victim and the victim started burning and cried for help but none came. Ultimately mother came, took the victim to the hospital where she died during the treatment. When the victim was in the hospital her dying declaration was recorded. Investigation was undertaken and the accused persons were prosecuted as mentioned above. The prosecution examined as many as 10 witnesses to prove its case and the learned trial judge on appreciation of the evidence came to the conclusion of guilt and consistent with that conclusion sentenced the accused to suffer imprisonment for life. It is this order which is impugned in this appeal as mentioned above.