TATYARAO NAMDEO GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) TATYARAO Namdeo Gaikwad, the accused-appellant, was charged for causing the death of Smt. Chandabai by pouring kerosene on her and setting her on fire. The charge having been proved, he was convicted for the offence charged and sentenced to undergo life imprisonment by III Additional Sessions Judge, Thane by judgment and order dated August 5, 1992. Aggrieved against his conviction and sentence, he has come in appeal to this Court.

(2.) THE prosecution story lies in a narrow compass. Chandabai (since deceased) was the wife of the accused. From the wedlock they had a female child named Pinti. They were residing in a hut at Vashi. The deceased's mother with her another daughter and other close relations were also residing in the huts close by. The deceased and the accused had bickerings as the latter insisted that the former should desist from cleaning utensils and washing clothes of others. The deceased could not give up the job as the accused was not providing her funds for household expenses. In order to run the household, she had to work. On March, 1 1990 at about 10.00 p.m., the deceased, after having food, was sleeping in the hut. The accused came to the hut, poured kerosene on her and set her on fire. Her clothes caught fire. Neighbours came to the spot and tried to extinguish the fire. The deceased's mother with her daughter also came to the spot of the incident and on enquiry from the deceased she was told that her husband had set her on fire. Her husband was standing close by and he left the spot of the incident. The deceased was taken to the police station. The police Station Officer referred her to Civil Hospital, Thane. She was examined by Dr. Ambadas Anantrao Rode (PW 10) and she was admitted in the hospital on March 2, 1990. Her statement was recorded by P.S.I. Kiran Vishnu Patil. The statement is at Ex.33. On its basis, offence under Section 307 of the Indian Penal Code was registered against the accused. After registration of the crime, P.S.I. Kiran Patil commenced investigation. He went to the spot and drew spot panchanama. He also seized one tin containing some quantity of kerosene, one partly burnt petty coat and sari, half burnt plastic paper on the roof of the hut, match stick, one lamp and one quilt in the presence of two panchas. Chandabai expired in hospital on March 5, 1990. Inquest panchanama of the dead body was prepared. Autopsy on the dead body was performed by the Medical Officer, Fulchand Devman Dengare (PW 8). He noticed 56 % superficial to deep burns on the dead body. He opined that the death was due to shock, due to 56 % superficial to deep burns. On receipt of information about the death of Chandabai, the offence was altered to Section 302 of the I.P.C. The seized articles were sent to the Chemical Analyser, Bombay for examination. They were examined by the Assistant Chemical Analyser, to the Government Forensic Science Laboratory, Bombay. The Assistant Chemical Analyser opined that kerosene was detected on the partly burnt sari pieces, petty coat and quilt. The accused was absconding. He was arrested on March 15, 1990 at Pune.

(3.) TO substantiate the charge, the prosecution relied upon the dying declaration made to PW 4 - Mrs.Tara Bajarang Nagpure, Special Executive Magistrate, the oral dying declaration made to PW 5 - Hirabai Ladappa Gaikwad - the mother of the deceased in the presence of PWs 1,2,6 and 7 the dying declaration made to PW 10 - Dr. Ambadas Anantrao Rode and the statement recorded by PW 11-PSI Kiran Patil.