NILKANTH LAXMAN KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant Original Accused, Who Stands Convicted, By judgment and order dated 29th June, 2005, in Sessions Case No.619 of 2003, of Additional Sessions Judge for Greater Bombay, for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/ in default to suffer rigorous imprisonment for three months, by this appeal challenges his conviction and sentence.

(2.) Brief Facts Of The Appeal Can Be Stated As Follows : Deceased Bharati was the wife of appellant. Their marriage had taken place on 25th April, 2002 at Madh village. After the marriage, they were residing together in the same village. As per prosecution case, appellant was suspecting the fidelity of his wife Bharati and on that count there used to be frequent quarrels. On the day of incident, on 13.7.2003, in the morning, the appellant quarrelled with the deceased and then left the house. In the afternoon, he returned and slept. At about 5 to 5.30 p.m., he woke up from the sleep and then poured kerosene on his wife Bharati and set her ablaze by lighting match stick. When Bharati shouted, her brotherinlaw P.W.1 Kishor and his wife P.W.3 Malan rushed to her help. They extinguished the fire and then took her in a rickshaw to Bhagwati hospital. On the way, P.W.1 Kishor got down from the rickshaw, went to Malwani and informed P.W.2 Ganga, the mother of Bharati.

(3.) P.W.10 Api Shinde, Who Was On Duty At Malwani Police Station, received message at about 7.30 p.m. from Bhagwati Hospital, Casualty Department, about admission of a patient Bharati, having sustained burns due to her husband pouring of kerosene on her and setting her ablaze on the ground of taking suspicion of her character. P.W.10 API Shinde made station diary entry to that effect and then went to Bhagwati Hospital, ward No.4. After making enquiry with P.W.9 Dr. Thakery, as to whether Bharati was in a position to give statement, he recorded her statement vide Exh.27. On making telephone call Malawani Police Station, he obtained running C.R.No.107 of 2003 from the Officer on duty and accordingly offence under Section 307 of Indian Penal Code was registered against the appellant. On the same night at about 8.00 p.m. P.W.4 Special Executive MagistrateManda Barba, recorded dying declaration of Bharati vide Exh.16 in which Bharati reiterated the fact that the appellant has poured kerosene on her and set her ablaze.