STATE OF MAHARASHTRA Vs. DILIP ANKUSH NARVEKAR

JUDGEMENT

(1.) The State has filed this appeal challenging acquittal of the respondent by the learned Additional Sessions Judge, Sindhudurg at sawantwadi, for the offence of murder punishable under section 302 of Indian penal Code.

(2.) Facts which led to the prosecution of accused are as under:- respondent Dilip and Dipika @ Malini who loved each other married with the consent of parents of both. Malini @ Dipika was working as Nurse in primary Health Sub-centre at Kandalgaon where she was provided with residential accommodation. Her husband used to commute from Malvan. On the evening of 9th February, 1990, presumably after an altercation, respondent- dilip poured kerosene on Dipika @ Malini and set her on fire. Neighbours rushed and shifted Dipika to the hospital. On way to hospital, Dipika had orally told her neighbours that accused had set her on fire. It was also alleged that accused snatched her mangalsutra. The police were informed in the hospital, after the medical officer certified Dipika to be conscious and fit to make a statement, her dying declaration was recorded by P. W. 14 PSI Raghoji Jadhav. She then succumbed to her injuries.

(3.) In course of investigation, the accused, who was arrested, agreed to produce mangalsutra, chain and chhada snatched by him. Articles were recovered in consequence of disclosure made by the accused. Articles seized were sent to the Forensic Science Laboratory. On completion of the investigation, charge-sheet was sent to the Judicial Magistrate, First Class, Malvan. The learned Magistrate, Malvan, committed the case to the Court of Sessions, sindhudurg at Sawantwadi.