MAHENDRA DIGAMBAR DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellant for the offence punishable under section 302 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 1,000/- in-default simple imprisonment for 3 months imposed by 2nd Ad-hoc Additional Sessions Judge, amravati in Sessions Trial No. 199/98 decided on 18-1-2003.

(2.) The facts may be summarised as under : the marriage between the appellant and Rajani took place about 12 years before the incident. It was an intercaste and love marriage. Out of the said wedlock the couple has got a daughter. The appellant was serving as a Peon in agriculture Department. He was residing with his wife Rajani and the daughter on the first floor of the house of his father situated in Laghuvetan Colony, amravati. His father, mother and younger brother Jitendra (DW 1) were residing on the ground-floor. Besides terrace there are three rooms on the first floor which are occupied by the appellant.

(3.) There was 'dasera' on 1-10-1998. The appellant was at home with his wife Rajani. In the noon, Rajani sustained burn injuries. On hearing the shouts of the appellant his parents and younger brother Jitendra rushed on the first floor. Rajani was found in a burnt condition in the kitchen. She was immediately removed to Irwin Hospital, Amravati. Upon receiving requisition PW 3 Dabhade (Special Judicial Magistrate) came to the Hospital and recorded her dying declaration (Exh. 34) , wherein she stated that because of domestic quarrel, the appellant poured kerosene on her person and set her anffire. On the basis of the dying declaration PI Jadhav (PW 4) registered Crime No. 257/98 under section 307 of the Indian Penal Code at P. S, Frejarpura (Amravati). After sometime rajani died. Offence under section 302 of Indian Penal Code was added. The appellant was immediately arrested.