SANJAY VASANTRAO SAOSAKDE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 18th of April, 2012 passed by the learned Additional Sessions Judge, Warora in Sessions Case No. 7 of 2010, by which appellant/accused came to be convicted for the offence punishable under Sec. 302 of the Indian Penal Code and is sentenced to suffer life imprisonment and to pay a fine of Rs. 3000/ -, in default to suffer simple imprisonment for 15 days. The appellant is acquitted of the offence punishable under Sec. 498 -A of the Indian Penal Code.

(2.) Briefly, it is the case of prosecution that on 8th of December, 2009 at 1.15 am deceased Panchfula was referred from Rural Hospital Warora to General Hospital, Chandrapur for having sustained 94% burn injuries. On her admission, information was given to Police Station Officer, Chandrapur upon which PW 1 Dinkar Kalmeghe, ASI, visited the patient and on examining her from Medical Officer, recorded her statement (Exh. 16) wherein she has stated that the appellant quarreled with her under the influence of liquor and poured kerosene on her person and set her on fire. On the basis of said statement Crime No. 0 of 2009 was registered under Sec. 307 of the Indian Penal Code by Police Station, Chandrapur. PW 1 Dinkar, ASI, thereafter gave requisition to PW 7 Prakash Ramteke, Naib Tahsildar, for recording Dying Declaration which was accordingly recorded at 2.30 am vide Exh. 32. Deceased succumbed to her injuries on 12th of December, 2009. Inquest panchanama was drawn and dead body was sent for Post -Mortem which was performed by PW 5 Dr. Amol Anjankar and issued Post Mortem note (Exh. 28). According to the expert, death was caused due to septicemia due to 93.5% burns. The documents in this crime were then forwarded to Police Station Shegaon where offence came to be registered vide Crime No. 102 of 2009 and was further investigated by PW 17 Vitthal Sase, API, during the course of which he forwarded Muddemal articles to the Chemical Analyzer for analysis. On recording statement of material witnesses, investigation came to be concluded and charge -sheet was filed in the Court of Judicial Magistrate (F.C.), Warora.

(3.) In the course of time, case came to be committed to the Court of Sessions for trial. Charges were framed against the appellant vide Exh. 5 for the offences punishable under Ss. 302 and 498 -A of the Indian Penal Code to which he pleaded not guilty and claimed to be tried. His defence is of total denial. In the alternative, it is the case of appellant that deceased committed suicide in the heat of anger.