GANESH ANANT SHIRKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction and sentence passed by the learned Sessions Judge, Ratnagiri in Sessions case No. 34 of 2001 on 14. 11. 2002 the appellant- accused has preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) WITH the assistance of the learned Advocate for the appellant as also the learned Public Prosecutor we have scrutinized the entire evidence on record and reappreciated the same.

(3.) THE prosecution story stated briefly is that the deceased Naina nandkumar Shirke, 14 years old, was residing with her parents at village Suseri No. 1, Tahsil Khed, District Ratnagiri. On 26. 1. 2001 at about 6. 00 p. m. there was quarrel between her and Manisha, the sister of the accused, at the public tap. Manisha disclosed the quarrel to her parents. After Naina returned to her house from the public tap, the accused and his family members came and abused her and her parents. After they went away, Naina was sitting in the inner room of her house. But after about 10 to 15 minutes the accused entered her inner room through the back door. He was having rock- oil can in his hand. He poured it on her. Then he lighted a match stick and set her on fire. Therefore, she raised shouts. The accused ran away after setting her afire. On hearing her shouts, her parents came running. They saw the accused running away. Her father poured water to save her. She got burn injuries on her head, chest, stomach, back, hands and legs. She was removed to Primary Health Center, Khed. Crime was registered on its basis and investigation started.