STATE OF MAHARASHTRA Vs. KISAN TUKARAM DUDHE

JUDGEMENT

(1.) The State has preferred this appeal to take exception to the acquittal of respondent Kisan Dudhe, of the offence punishable under Section302 of the Penal Code, recorded by the learned Additional Sessions Judge, Pusad.

(2.) Facts which led to prosecution of the respondent are as under : Victim Baby Sakharam Jamkar was having an illicit relationship with Kisan. Kisan had got married to another woman. This led to a quarrel on14-10-1993. According to the prosecution version, after the quarrel Kisan took victim Baby to his own house, poured kerosene on her person and set her on fire. Her, cries attracted the neighbours. She was taken to hospital and a report was made to police. Her dying declaration was recorded by a Magistrate. She succumbed to her injuries on15-10-1993. The post mortem examination revealed that she has died of 94% burns.

(3.) We have heard Adv. Yengal, learned Addl. Public Prosecutor for the State. None was present for the respondent, who had been duly served. With the help of learned Addl. Public Prosecutor, we have gone through the entire record to examine the correctness of the order passed by the learned Additional Sessions Judge.