VILAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal challenges the judgment and order passed by the learned Additional Sessions Judge, Nagpur in Sessions Case No.354 of 2011 thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.5000/- and in default of payment of fine to suffer rigorous imprisonment for 1 year.

(2.) The prosecution case in brief is that deceased Kalpana is wife of the accused. They were married prior to 15 years of the incident. They were blessed with son Sanket and daughter Prajakta out of the said wedlock. It is the prosecution case that Kalpana was working as Peon in St. Paul School, Nagpur whereas the appellant was without any work and addicted to liquor. The matrimonial relations between the accused and the deceased were strained because of the vices of the accused. The accused used to demand money to deceased Kalpana for his vices and on refusal, the accused used to quarrel with the deceased. It is the prosecution case that report was also lodged with Police Station Hudkeshwar by deceased Kalpana one month prior to the incident.

(3.) It is the prosecution case that on 27.03.2011 at around 7.30 p.m. accused Vilas came under the influence of liquor and demanded Rs.20/- to Kalpana for consumption of liquor. On refusal, accused Vilas was enraged and poured kerosene kept in a can on the person of the deceased Kalpana and also sprinkled it on the ground and set her on fire. It is the prosecution case that the neighbours including Mayabai Sathe reached on the spot. Mayabai - sister-in-law of the deceased shifted Kalpana to Medical College and Hospital, Nagpur. Upon admission, intimation was given to the Police Booth of Medical College and Hospital, Nagpur by Medical Officer below Exh.23. The investigating officer P.S.I. Mahajan visited Ward No.4 of Medical College and Hospital, Nagpur and after obtaining endorsement from the Medical Officer, he recorded statement of the deceased below Exh.35. Another statement was also recorded by the H.C. Sanjay Bute. Another dying declaration was recorded by the Executive Magistrate PW5 Gopal Pendke on 28.03.2011. During the treatment, the deceased succumbed to the burn injuries on 1.4.2011. On the basis of the statement of the deceased below Exh.35, Crime bearing No. 48 of 2011 was registered initially for the offence punishable under Section 307 of the Indian Penal Code. On the death of the deceased, the same came to be converted to offence punishable under Section 302 of the Indian Penal Code. Investigation was conducted by the investigating officer. At the conclusion of the investigation, a charge-sheet came to be filed in the Court of the learned Judicial Magistrate First Class, Nagpur. Since the case was exclusively triable by the Sessions Court, the same came to be committed to the learned Sessions Judge, Nagpur.