RAJALI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by judgment and order dated 15.01.2013, passed by Additional Sessions Judge, Wardha in Sessions Trial No. 142/2011, convicting the appellant -accused Rajali @ Manda Tarachand Rathod for an offence punishable under Section 302 of the Indian Penal Code and sentencing her to undergo life imprisonment and to pay a fine of Rs. 2,000/ -, in default, to undergo simple imprisonment for 3 months and for an offence punishable under Section 448 of the IPC and sentencing her to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/ -, in default, to undergo simple imprisonment for one month, the present appeal was filed by the appellant.

(2.) THE deceased Sunita w/o Purshottam Jadhao was staying with her husband and children at Ghorad, Tq. Seloo, Dist. Wardha. The appellant Rajali @ Manda was residing at a distance of 2 -3 houses from the house of the deceased. She is a widow with two children Durga and Sita. The incident took place on 04.08.2011 at about 8.00 a.m. Fifteen days before the said incident, Durga was not feeling well and the appellant Rajali had a suspicion that deceased Sunita must have played black magic on her daughter Durga. On the fateful day, in the morning at about 8.00 a.m., she came to the house of the deceased and told her husband Purushottam that his wife should remove black magic or otherwise, she would kill her. Purushottam tried to reason with her and then taking his tiffin, left for the work. He hardly crossed 2 -3 houses when he heard commotion from his house and, therefore, turned back to find that his wife was burning and the appellant -accused was running out of his house towards her house. The appellant had entered the kitchen room where the deceased was cooking food on hearth. She accused her of playing black magic, lifted the bottle of Kerosene, poured it on her person, lit her with the burning stick from the hearth and set her ablaze. The deceased started shouting. Purushottam extinguished the fire and brought her in burnt condition to Sewagram Hospital. PSI Qureshi from Police Station, Seloo went to the Sewagram Hospital after recording station diary entry No. 30. He visited the spot and found smell of Kerosene in the courtyard and burnt pieces of saree and petticoat in the chhapari. In the kitchen, he found plastic bottle of Kerosene. He conducted spot panchanama and went to Sewagram Hospital. There, he recorded dying declaration of the decreased. Thereafter, on 05.08.2011 her dying declaration was again recorded by the Executive Magistrate. She died on 08.08.2011. The investigation was carried out by the Investigating Officer and, thereafter, charge -sheet was filed. Charge was framed against the appellant. Her defence was of total denial. Hence, after considering the evidence, the learned trial Judge convicted the appellant, as above.

(3.) PER contra, learned A.P.P. for the State supported the impugned judgment and order and submitted that there is voluminous evidence in the form of two dying declarations, which are consistent and in addition, the evidence of PW3 -Purushottam, whose evidence is fully corroborated by the FIR. He then submitted that insofar as recording of dying declaration is concerned, admittedly, PW7 -Jamil Qureshi, PSI was expected to question the deceased and the writer had to record the dying declaration. It is not necessary in such case to examine the writer when PW7 -Jamil Qureshi had personal knowledge of recording of the dying declaration. The learned A.P.P. while opposing the reduction of sentence, submitted that the appellant had full knowledge and requisite intention to commit her murder and hence the appeal is liable to be dismissed.