POPAT TULSHIRAM MAHAJAN, CENTRAL PRISON Vs. STATE OF MAHARASHTRA, THROUGH THE JAIL SUPERINTENDENT CENTRAL PRISON

JUDGEMENT

(1.) THE Appeal is directed against the conviction and sentence of the appellant under section 302 r/w 498 of the Indian Penal Code.

(2.) BRIEFLY stated, the case of the prosecution is as follows: On 5.10.1999 at about 7.45 pm, the appellant poured kerosene on his wife Mangala and thereafter set her ablaze with a matchstick. According to the prosecution, this incident was a culmination of the physical and mental cruelty meted out by the appellant to his deceased wife Mangala. The mother of the victim who resided in the same building on a floor below, heard her calling out for her mother and saw the victim ablaze on the staircase. The neighbours immediately gathered around the victim and were trying to douse the fire. Chhabubai, the mother of the victim and her neighbour admitted the victim in hospital immediately thereafter. According to the prosecution, the victim informed her mother while in the ambulance that she had been set afire by the appellant. Two dying declarations were recorded; one before the Sub-Divisional Magistrate and the other by a Police Constable. The prosecution has sought to establish that these dying declarations were made by the victim when she was fully conscious and was able to communicate her thoughts. A thumb impression was taken on the dying declaration since she had suffered 100% burn injuries and was unable to write. All these circumstances, according to the prosecution, leave no manner of doubt that the appellant had committed the offence punishable under sections 302 and 498A of the Indian Penal Code.

(3.) THE evidence of PW2 establishes, in our opinion, in no uncertain terms that the victim and the appellant had frequent quarrels immediately after the appellant lost his job. The appellant had become habituated to drinking liquor, daily. He managed to earn a paltry sum of money by selling fruit on an hand-cart. This often led to quarrels between the husband and wife since the appellant demanded that the victim should obtain money from her parents. PW2 has also deposed that due to the dearth of money with the appellant, she was supplying food and other necessities to them. She has then stated that on 2.10.1999, the victim informed her that the appellant had demanded Rs.10,000.00 from her parents. As the appellant was not paid this amount, the victim was beaten by the appellant after he returned home, intoxicated. She has then narrated the incident of 5.10.1999 and has stated that she heard her daughter crying out to be rescued. When she stepped out of the house, with the baby of the victim in her arms, PW2 saw her daughter burning on the staircase and people pouring water over her. She has then stated that her daughter had informed her after being asked about the cause of her burns that the appellant had set her ablaze after pouring kerosene over her. The evidence PW2 has not been shaken in the cross-examination.