PRADEEP RAMCHANDRA PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant accused has challenged his conviction and sentence in Sessions Case No. 94 of 2000 by the Sessions Judge, Satara who found him guilty for having committed murder of his wife by pouring kerosene on her person and setting her ablaze and by his judgment and order dt. 3-10-2001, convicted and sentenced him to suffer imprisonment for life and to pay fine of rs. 2000/- in default to undergo rigorous imprisonment for three months. The learned trial Court also directed that he shall be entitled to set-off under section 428 of the Code of Criminal Procedure.

(2.) BRIEFLY stated the prosecution's case is that the appellant accused was residing with the deceased Sunita as husband and wife as a tenant in the house of one Laxmi Bapu Keskar, P. W. No. 8 situated at Mungse AH Raviwar Peth, Wai, taluka Wai, District Satara. They had a son by name Rohit, P. W. No. 2. Both the appellant accused as well as the deceased Sunita were actually having their spouses but it appears that they have deserted them and started residing together. The appellant accused used to frequently quarrel with the deceased Sunita as he suspected her of having illicit relations with other persons and for the said reason used to beat her and was in the habit of consuming liquor. A day prior to the incident, the appellant accused came home and picked up quarrel with Sunita and attempted to set her ablaze but as soon as he put kerosene on her person, she escaped and went to her brother's house who was residing in the neighbourhood i. e. Ganesh Sitaram Pawar, P. W. No. 1. Ganesh S. Pawar pacified the appellant accused and persuaded the deceased, Sunita to go back. But on the very next day, i. e. 29-4-2000, at about 2. 00 to 2. 30 p. m. , the appellant accused again came drunk and picked up quarrel with deceased and poured kerosene on her person and set her ablaze by lighting with a matchstick. On catching fire, Sunita tried to escape and as soon as she stepped out of the house and shouted for help, her landlady Laxmi Bapu Keskar, P. W. No. 8 noticed her coming out of her house in burnt condition and therefore she poured a bucketful of water on the victim which extinguished the fire. Thereafter, Sunita went to her brother's place in burnt condition and narrated the incident to him on which her brother P. W. No. 1 took her to Government Hospital at Wai. This fact was also noticed by wife of ganesh, Smt. Shobha Mahadeo Pawar, P. W. No. 3. On reaching Rural Hospital, the victim was examined by Dr. Anandrao Balwant Bhosale, P. W. No. 7 who found that she was having following injuries : superficial to deep burns on head, face, neck, right upper limb and total percentage of the burns was 60%. Burns were also present on abdomen, chest.

(3.) ON examining Sunita, Dr. Anandrao B. Bhosale, P. W. No. 7 issued medico-legal certificate which is at Ex. 45. In the meantime, Police Head constable, Krishna Ganpat Mane, P. W. No. 10 on receiving information from medical Officer of Rural Hospital, Wai, visited hospital and recorded the statement of Sunita and obtained her thumb impression on the basis of which the offence under section 307 of the Indian Penal Code came to be registered against the appellant accused. Further investigation in the matter was taken up by A. P. I. Deepak Shankarrao Sawant, P. W. No. 13 who was attached to Wai Police station. He visited the scene of occurrence and prepared spot panchnama Ex. 38 in the presence of panchas. The appellant accused came to be arrested and panchnama to that effect Ex. 52 was prepared. Sunita was referred to Civil hospital, Satara for further treatment where Mr. Rajaram Nagesh Jagdale, P. W. No. 11 who was working as a Special Executive Magistrate at Satara recorded her statement on 29-4-2000 after being satisfied that the victim was conscious to make a statement. It appears that the victim could not survive and on 7-5-2000 succumbed to the burn injuries at Civil Hospital and therefore, police prepared inquest panchnama in the presence of panchas and the dead body was sent for conducting post mortem examination. P. W. No. 12, Dr. Avinash Dattatraya ashtekar conducted post mortem of the dead body and found that the victim had suffered 67% burn injuries and in his opinion probable cause of death was shock due to septicaemia. The police then altered the offence registered against the accused to one under section 302 of the Indian Penal Code. In the course of investigation, police recorded the statement of witnesses who were conversant with the case and the articles seized were referred to Chemical Analyser for his report. On completing the investigation, charge-sheet against the accused came to be filed in the Court of J. M. F. C. at Wai who committed the case for trial to the court of Sessions at Satara.