BABURAO YELLAPPA CHOUGULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appeal is directed against the judgment and order of the 4th Additional Sessions Judge, Solapur in Sessions Case No.155 of 2001. By this judgment, the Sessions Court has convicted the Appellant for an offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay an amount of Rs.2,000/- as fine.

(2.) On 8th May 2001, Jijabai, the victim, sustained 60% burn injuries when the Appellant intentionally set her on fire with a lighted match stick. The Appellant was arrested after she succumbed to her injuries on 15th May 2001 while in hospital. He was charged for having murdered his wife and his trial was committed to Sessions.

(3.) The prosecution has examined six witnesses in order to prove its case against the Appellant. There are two dying declarations which the prosecution has relied on which in all material particulars are similar. There is no contradiction or material omission between the two dying declarations. PW1 is the Special Executive Magistrate who has recorded the dying declaration of the victim on 8th May 2001, soon after she was burnt. He has meticulously followed all the required procedure for recording the dying declaration. The Doctor who was on duty informed him that the victim was in a position to orally narrate the incident. This Doctor has been examined as PW2. The victim has stated that the Appellant who was her second husband worked as a mason. He had come home at dawn in an inebriated condition. The victim was cooking at that point of time. The Appellant directed her not to attend work on that day. She was beaten by the Appellant and then the Appellant threw a lighted match stick on her saree. He then ran away from the house. The victim has further stated that thereafter her cousin, Vilas doused the flames with water and wrapped a quilt around her. She has stated that her cousin then put her in a rickshaw and took her to the Civil Hospital for treatment.