MALHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal challenges judgment and order of conviction of Appellant under Sec. 302 of the Indian Penal Code and sentence of life imprisonment and imposition of fine of Rs.10,000.00 with default clause, recorded by learned Sessions Judge, Parbhani in Sessions Case No. 82 of 2016.

(2.) Prosecution case, in short, is that, FIR is registered on the basis of dying declaration (Exhibit-64) recorded by PW-7, ASI Damodhar Dukare, on 13/3/2016. On receipt of MLC regarding burnt patient Jyoti Malhari Warkad, at about 8.30 a.m. on 13/3/2016, he visited burn patients' ward of Civil Hospital, Parbhani. In his presence, the Medical Officer examined the patient and informed that the patient is in fit state of mind to give statement. Accordingly, he recorded dying declaration of Jyoti. She has stated that accused Malhari is her husband. On 12/3/2016, in the midnight, when she was sleeping in her matrimonial home at Pachlegaon, accused entered in the house, poured kerosene on her and set her ablaze. He latched the door from outside and ran away. She shouted for help and her son Vishal opened the door and extinguished the fire, by pouring water on her. Her another son Vitthal and sister in law Aruna Warkad admitted her in Civil Hospital, Parbhani. On the basis of this dying declaration, offence was registered at Bori Police Station.

(3.) Upon a letter received by Special Executive Magistrate for recording dying declaration, Naib Tahsildar (PW-3) recorded dying declaration (Exhibit-38) of Jyoti. During treatment, Jyoti expired on 16/3/2016. On completion of investigation, charge sheet was filed.