VILAS SANTU GANGODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused has been convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer life imprisonment. The prosecution alleges that the accused has killed his wife Ushabai by pouring kerosene over her and setting her ablaze. Ushabai suffered 90% burn injuries and ultimately succumbed to these injuries in Nashik civil Hospital on 22nd July 2001. The prosecution alleges that burning his wife was the ultimate act of cruelty of the accused. Throughout their married life, the accused used to harass his wife and ill-treat her. He has, therefore, been charged and convicted under Section 498-A of the Indian Penal Code.

(2.) ACCORDING to the prosecuticon, the accused and Ushabai, the victim, were married for about seven to eight years. The accused was addicted to alcohol ever since he got married. He often abused and ill-treated Ushabai under the influence of liquor. The accused also demanded money from his wife for his drinking outs. Ushabai had complained of the harassment to her mother. She had also issued a notice to the accused seeking a divorce. Several letters and notices were exchanged in respect of the divorce. About one and half months prior to the incident, the accused went to his mother-in-law's house and assured her that he would refrain from drinking alcohed and ill-treating Ushabai. Ushabai, who was then at her mother's place, went back with the accused to her matrimonial home. The prosecution alleges that on the day of the incident i. e. on 20th July 2001, the accused consumed alcohol throughout the day. He returned home that evening at around 7. 30 p. m. in an inebriated satate. He demanded Rs. 10/- from Ushabai for purchasing more liquor. As this demand was not met, the accused was enraged. He doused his wife with kerosene from the stove that was in the kitchen and set her on fire. The victim started shrieking in pain, came out of the house on the platform outside the house, when the accused realising his folly, tried to put out the fire by using gunny bags. He then sought the help of the Police Patil and secured a jeep in order to take his burnt wife to the Rural Hospital. The Medical officer who was present at the hospital recorded the case history, when the victim informed him that her husband had set her on fire after pouring kerosene over her. He informed the police who arrived soon thereafter. The statement of the victim was recorded where she implicated the accused. This statement was treated as the first information report. Since the facilities available in the Rural hospital were inadequate for treading the victim, she was transferred to Nashik civil Hospital. Her dying declaration was recorded by the Special Executive magistrate at about 7. 00 a. m. on 22nd July 2001. The victim passed away that evening. The body of the victim was examined and a post-mortem report was made.

(3.) THE accused was arrested on 21st July, 2001. At the time of his arrest, it was found that his clothes were smelling of kerosene. Other articles at the scene of offence were similarly smelling of kerosene. These articles were attached and sent for chemical analysis. A panchanama was prepared and after investigations were complete, the accused was arraigned for having committed the murder of his wife.