GOVIND GAURYA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred by the Appellant against his conviction under section 302 and sentence. He has been acquitted of the offence punishable under section 498A of the Indian Penal Code by the Additional Sessions Judge, Raigad. As the advocate appointed for the appellant is not present, we have perused the record with the assistance of the learned Assistant Public Prosecutor and have proceeded to decide the appeal.

(2.) The case of the prosecution is that the deceased Ranjana was set on fire by her husband, the accused. This incident happened on 5.10.1998. After being set ablaze, the deceased had rushed to her mother's house which was closeby. She had informed her mother in the presence of her nephew that the accused had set her on fire, and that he attempted to extinguish the fire by dousing her with water. The mother of the deceased informed the police of the incident. The deceased was removed to hospital for treatment. She was then taken to Sion hospital for adequate medical treatment. The dying declaration of the deceased was recorded by a constable, who admitted her to hospital. This dying declaration was recorded on 6.10.1998. Another declaration was recorded by the Special Executive Officer on the same day. Ranjana died on 9.10.1998, four days after she was set on fire. The appellant was arrested and charged for having committed the murder of the deceased.

(3.) The prosecution has examined six witnesses in order to prove the charge against the appellant. Vithabai, the mother of the deceased is PW1, has stated in her evidence that her daughter disclosed to her that her husband set her on fire and that she had lodged a complaint with the police. This witness in crossexamination has deposed that her husband died two months before this incident. She has however, admitted that she could not say whether her daughter got burnt while using the stove for cooking.