KAMALABAI LAXMAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction recorded on 31st March, 2003 by the 4th Additional Sessions Judge, Solapur in Sessions Case No. 204 of 2002, the appellants hereinabove have preferred this appeal on the grounds mentioned in the Memorandum of Appeal as also verbally canvassed before us by the learned Advocate for the appellants.

(2.) With the assistance of the Advocate for the appellant and the Additional Public Prosecutor, we have scrutinised the record and reappreciated the evidence on record. Facts giving rise to the prosecution, stated briefly, are as under.

(3.) Accused No. 1 is wife of accused No. 2 and mother of accused No. 3. They are related to the victim who had lent accused No.1 a sum of Rs. 40,000/- as needed by the accused. In spite of passage of substantial period, the money was not returned and the victim was therefore, insisting on repayment, demand for which was made on several occasions. On 26th August, 2002, the deceased Hanmant went to the house of accused at about 8.15 p.m. and claimed return of the amount earlier advanced by him. At this time, the accused persons told him that they will not return the money, abused him and drew him out of the house. They followed the accused on the street and caught hold of his hands. Accused No. 2 poured kerosene on him and accused No. 1 put the victim on fire. The victim was carried to the hospital by his son-in-law where looking to his condition, dying declaration was recorded. In the said dying declaration the victim pointed out that he was put on fire by the accused persons as he was insisting on the return of the money advanced by him to the accused. Subsequently, the victim succumbed to the injury. In view of the dying declaration recorded, First Information Report was recorded. Investigation was started and accused persons were arrested. On completion of the investigation, they were charged under Section 302 of the Indian Penal Code. The prosecution in order to bring home the charge under Section 302 of the Indian Penal Code, examined seven witnesses and the learned trial Judge on appreciation of these evidence on record, came to the conclusion of guilt. He, therefore, sentenced them to suffer imprisonment for life. Hence, this appeal by all the accused persons.