STATE OF MAHARASHTRA Vs. VAZIR HAKKI

JUDGEMENT

(1.) This is a State's appeal against acquittal of the accused under section 302, I. P. C. by Judgment/order dated 30-06-2003 of the learned 1st Additional sessions Judge, Panaji, in Sessions Case no. 18 of 2001.

(2.) There is no dispute that the accused and the deceased Nacima Banu got married, both for the second time, on 18-02- 2001 and the deceased Nacima Banu suffered burn injuries to the extent of 75 to 77% on 07-03-2001 at about 6. 00 a. m. She was taken to the Goa Medical College, admittedly on a rickshaw being arranged by Allauddin, the brother of the accused and was accompanied by their respective mothers-in-law. As stated by P. W. 7/dr. Silvano Dias Sapeco, Nacima banu expired on 13-03-2001 at about 2.25 p. m. due to Septicaemia consequent to the infected body surface area flame burns which were fatal in the ordinary course of nature. Although, the diagrammetical depiction of the burn injuries of the deceased Nacima Banu shows that the said injuries were predominantly on the front portion of the body no opinion was elicited from P. W. 7/dr. Sapeco to find out whether the said burn injuries could be homicidal, as contended by the prosecution, or accidental, as contended on behalf of the accused.

(3.) The case of the prosecution was that it is the accused who committed the murder of his wife Nacima Banu by intentionally causing her death by pouring kerosene on her body and setting fire by lighting a match stick.