MANGAL KESHAV JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, appellant-original accused questions the Judgment and Order dated 21/8/2010 delivered by Additional Sessions Judge, Greater Mumbai, in Sessions Case No. 623 of 2004, finding him guilty of an offence under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.2000/- or in default thereof to suffer further RI for three months. He has been acquitted of offence punishable under Section 498-A of the Indian Penal Code.

(2.) Prosecution case in brief is, deceased Usha, wife of present appellant, originally resided in Mahur Tahsil of Nanded District, while appellant resided at Pawnala, Tahsil Mahur, District Nanded. They were married about five years before death of Usha and it was a love marriage.

(3.) On 13/5/2004, at about 9.30 p.m, Vilas came to house of deceased to see his brother appellant. Deceased had prepared food for them. At that time appellant-accused was under influence of liquor and constantly asking her to prepare food. She told him that it was being prepared. This annoyed him and he assaulted her by hands. Then Vilas and accused went out of the house. Appellant-accused returned at around 11 p.m. In the meanwhile, deceased had gone to STD Booth to make telephone call to her parents. As Booth was closed, she came back. Accused asked her, why she had gone out. He poured kerosene on her person from the stove and ignited her by matchstick and set her on fire. Her clothes caught fire and she started shouting for help. Appellantaccused ran away.