SURESH DNYANDEO WAGH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT herein has been convicted for offence punishable under section 307 & 498(A) of Indian Penal Code. Appellant herein is sentenced to suffer rigorous imprisonment for three years and fine of Rs. 500/ - in default to suffer rigorous imprisonment for one month for offence punishable under section 307 of Indian Penal Code. Appellant herein is sentenced to suffer rigorous imprisonment for one year and fine of Rs. 500/ - in default to suffer rigorous imprisonment for one month for offence punishable under section 498(A) of Indian Penal Code by Additional Sessions Judge, Malegaon, in Sessions Case No. 6 of 1994 vide Judgment and Order dated 27/07/1994. Hence, this appeal.

(2.) SUCH of the facts which are necessary for the decision of this appeal are as follows.

(3.) IT is alleged that on 01/10/1993, appellant herein had abused his wife in the afternoon at about 1.30 p.m. That at about 8.00 p.m., on the same day, he had assaulted her, since she did not oblige him when he demanded money. It is further alleged that while cooking food, appellant herein had poured kerosene on her person and had set her ablaze. His wife/complainant had rolled on the ground and extinguished the flames. The landlord of the said house namely Gandhi Seth had taken her to the hospital. Her statement was recorded when she was in civil hospital, Nashik. She had sustained 29% burn injuries. She was discharged on 10/10/1993. In her statement, which was recorded while she was in the hospital, she has stated before the police that on 01/10/1993, she had returned home after fetching vegetables at about 1.30 p.m. She had gone to the room of Shakubai (Shakuntalabai). She found her husband sleeping in the said room. She tried to wake him up. He was annoyed due to her arrival in the said room. Her husband and Shakuntala abused her and thereafter, her husband assaulted her. On the same day, at about 7.00 p.m., she had again followed her husband and Shakubai. He had got enraged. He had levelled allegations of infidelity against his wife. He had demanded Rs. 15/ - for consuming alcohol. She had told him that she would give him the said amount, after he reaches home. That when she had lit the stove for cooking, he had poured kerosene on her person and hit her with a burning log and had fled from the house. On the basis of her statement, crime no. 191 of 1993 was registered against the accused for offence punishable under section 307 and 498(A) of Indian Penal Code. Investigation was completed and charge -sheet was filed. Case was committed to the Court of Sessions and registered as Sessions Case No. 6 of 1994. Prosecution examined 10 witnesses to bring home the guilt of accused.