BABY ANANTA DAMSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is challenging the Judgment and order passed by the Additional Sessions Judge in sessions Case No. 428/99. By the Judgment Order dated 21st December, 2000, the Additional Sessions Convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced her to suffer rigorous Imprisonment for life and to pay a fine of rs. 100/- and in default, to suffer Simple Imprisonment for two days.

(2.) Prosecution case in brief is that the appellant was married to Ananta Mahadu Damse. Radhabai is the mother of the appellant. Ananta was in service with the revenue Department and at the relevant time, was on bungalow duty at the residence of the Sub-Divisional officer, Khed. The prosecution case is that on 6. 7. 99 when the deceased Ananta returned home, the appellant asked him where he had been for two days. There was exchange of words between the two. It is alleged that the appellant refused to serve her husband and thereafter, poured kerosene oil on his person and set him on fire with the help of a matchstick. Ananta was admitted in the Sassoon Hospital, however, he died due to the burn injuries on 22nd July, 1999. It is alleged that when the accused poured kerosene and set the deceased Ananta on fire, her mother had caught hold of the hands of the deceased.

(3.) The trial Court on the basis of the evidence adduced by the prosecution acquitted accused no. 2 radhabai of the offence with which she was charged. The trial Court, however, convicted the appellant herein for the offence punishable under Section 302 of the IPC.