GANESH SHIVAJI GANGURDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dtd. 21/1/2017 passed by the Additional Sessions Judge, Niphad, District-Nashik in Sessions Case No.26/2015. The Appellant was convicted for commission of the offence punishable under Sec. 302 of IPC. He was sentenced to suffer life imprisonment and to pay a fine of Rs.5,000.00 and in default to suffer SI for six months. The Appellant was granted set off under Sec. 428 of Cr.P.C. from that date.

(2.) Heard Ms.Devyani Kulkarni, learned counsel for the Appellant and Mr. Vinit Kulkarni, learned APP for the Respondent- State.

(3.) The prosecution case is that the Appellant was married to his wife Anita. They were residing together with their ten month old daughter. In the night between 19 th and 20/11/2014, the Appellant came to the house. He was intoxicated. He began quarreling with his wife Anita. He poured kerosene on her and threw a kerosene lamp on her thereby setting her on fire. He then went away from the spot. She raised shouts. The neighbours gathered there. They poured water on her. One of the neighbours was examined during the trial. In the morning, her uncle came to her village. He took her to a hospital at Niphad Municipal Corporation Hospital. The police were informed. The Naib Tahsildar went to the hospital and recorded her statement. He was followed by API Patil who also recorded her statement. She clearly implicated the Appellant for having committed that act. The FIR was registered vide C.R. No.142/2014 at Pimpalgaon police station under Sec. 307 of IPC on 20/11/2014 at about 7.30 p.m. The investigation started. The Appellant's wife had suffered 45% burn injuries. She survived till 27/11/2014 and expired due to septicemia. The postmortem examination was conducted. After the investigation was over, the charge-sheet was filed and the case was committed to the Court of Session.