BALAJI VISHWANATH MANE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant original accused has preferred this appeal against the judgment and order dated 20th November 2008 passed by the learned Additional Sessions Judge, Greater Mumbai in S.C. No.935 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer R.I. for life and to pay fine of Rs.1000/-, in default of payment of fine further R.I. for one year.

(2.) The prosecution case can briefly be stated as under: Deceased Kalpana @ Papabai Balaji Mane was the wife of the appellant. They were married 20 years prior to the incident. They had four children i.e. three sons and one daughter. The appellant along with his wife and their children used to reside at Gautam Nagar, Panjrapole, Mumbai. The appellant was addicted to liquor. On 12.6.2006, there was a function in the house of the appellant in relation to his daughter Pooja. At about 3.30 p.m., Kalpana was inside the house. Her children at that time were sitting outside the house. At that time the appellant came in an intoxicated condition. He abused Kalpana and stated beating her. Thereafter the appellant poured kerosene on Kalpana and set her on fire. PW1 Nagesh and his friend Ramesh pushed open the door. They extinguished the fire.

(3.) Charge came to be framed against the appellant under Section 302 of the Indian Penal Code. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that his wife Kalpana accidentally caught fire due to which she died. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in para1 above. Hence, this appeal.