KAMAL RAJU JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by her conviction for offence punishable under section 302 of the penal Code and resultant sentence of imprisonment for life and fine of Rs. 500/- imposed upon her by the learned Additional Sessions Judge, pune, accused in Sessions Case No. 518 of 1991 before him, has preferred this appeal.

(2.) Accused is wife of brother-in-law of victim Lata, who died on account of burn injuries sustained by her on 16/7/1990. Both the victim and accused resided in the same house. It is the prosecution case that on 16/7/1990, at about 12. 00 noon there was a quarrel between the two women, leading to appellant pouring kerosene on the person of the victim. Momentary sense of guilt led the appellant to pour kerosene on herself also. The quarrel continued and eventually appellant set the victim on fire by lighting match stick and throwing it at lata. Lata was admitted to Sasoon Hospital. Police were informed. Police requested the Special Judicial Magistrate - Shri Adhav to record dying declaration. Accordingly, shri Adhav ascertained fitness of the victim to make statement and then recorded her dying declaration wherein Lata mentioned that she had been set on fire by the appellant.

(3.) An offence was registered. Police performed inquest, after death of Lata on 25/ 7/1990, caused post-mortem examination to be conducted, seized incriminating articles, recorded statement of witnesses and, on completion of investigation, charge-sheeted the appellant.