MEENA ANIL CHOUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by appellant/original accused against the judgment and order passed by the 2nd Additional Sessions judge, Dhule on 7-9-2004, wherein ths appellant is convicted for the offences under sections 302 and 342 of Indian Penal Code and was sentenced to suffer imprisonment for life and to pay fine of Rs. 500/-, in default, simple imprisonment for one month; and to suffer simple imprisonment for one month and to pay fine of Rs. 500/-, in default, further simple imprisonment for one month, respectively.

(2.) The prosecution case, in brief, may be stated as follows : the incident, which gave rise to this prosecution against the appellant took place on 23-12-2002. In that incident, admittedly deceased Bharti suffered burns and she was brought to the Civil Hospital, Dhule by her mother-in-law rukhmabai and curiously enough, the present appellant is the daughter of rukhmabai. In other words, appellant is the sister-in-law of deceased Bharti. The appellant had come to her parental house and as it appears from the evidence on record, there was some dispute between the deceased and the appellant. It is the case of the prosecution that on the previous day when deceased Bharti was cleaning the floor, appellant Meena entered the house wearing chappals. As that was not liked by victim Bharti, there was quarrel between them. Deceased Bharti had told the appellant not to come in the house by wearing chappals. It is in that consequence, on the day of the hidden, Meena picked up quarrel with deceased and started abusing her. Meena then brought kerosene can and poured kerosene oil on Bharti's person and set her on fire by lighting a matchstick. When Bharti started burning in fire, appellant Meena went out of the house and closed the door from outside. When Bharti shouted, the neighbourers gathered there and by opening the door, entered the house and extinguished the fire. They found that all the clothes on the person of Bharti had burnt and she had sustained burn injuries all over her body. As stated earlier, it was her mother-in-law Rukhmabai (D. W. 1) , who brought her to Civil Hospital.

(3.) There Dr. Gohil, who was on duty as C. M. O. , admitted Bharti in Civil hospital. That time, she narrated the history of homicidal burns by her sister-in-law i. e. appellant Meena at 2. 00 p. m. at her residence situated at village Phagne. Dr. Gohil noted the history disclosed by deceased Bharti and attended her in the hospital. Dr. Gohil also informed one Constable to convey the information to the police station for taking necessary action in the burnt case of Bharti. Police constable Mr. V. V. Patil conveyed the message of Dr. Gohil to concerned Police station by mentioning that Bharti pcured kerosene on 23-12-2002 at 2. 00 p. m. on her own body and ablazed herself. To that effect, there is entry at Sr. No. 29 in station diary vide extract at Exhibit- : 58.