VIKRAM RANGNATH KESHBHAT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the Judgment and Order dated 17th April 2012 passed by the Additional Sessions Judge -2, Aurangabad in Sessions Case No. 146 of 2010, by which the Appellant -Accused Vikram Keshbhat was convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer Rigorous imprisonment for life and to pay fine of Rs. 5000/ - (Rs. Five Thousand only), and in default of payment of fine, to suffer further simple imprisonment for one year, the present Appeal was filed by him.

(2.) BRIEFLY stated, it is the case of the prosecution that Appellant -Accused is the husband of deceased Sangita. On 6th January 2010 at about 11.00 a.m. he asked her that they would go towards Mala situated in Deolai Shiwar for bringing Rs. 5000/ - and accordingly the Appellant with his wife Sangita and minor daughter Rani, proceeded towards the Mala. On way, he purchased one liter Petrol in a plastic bottle from the Petrol Pump and then they went near the hilly area, near the field having deep slope. They stopped there and started eating Chiku, Peru and Watana Shenga carried by them. At that time the Appellant -Accused quarreled with deceased Sangita by expressing suspicion about her character and he then suddenly poured Petrol on the person of Sangita and set her on fire. He then fled away by taking his Minor daughter Rani with him.

(3.) ON the same day, Naib Tahsildar Bharaskar also recorded her dying declaration between 7.35 PM. to 7.55 PM, in which she stated that her husband set her on fire by pouring Petrol on her person when her minor daughter aged 3 1/2 years was along with them, on the spot situated in Deolai area. Thereafter her parents came and she made oral dying declaration to them to the same effect. On 7th January 2010 at about 3.30 PM she expired. PSI Garbade prepared Inquest Panchnama and sent the body for postmortem. He then conducted investigation, recorded statements of the witnesses and then filed the charge -sheet.