SUKHCHAND SHAMBHUJI BHALAVI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by judgment and order of conviction passed by the learned Additional Sessions Judge6, Nagpur in Session Trial No.220 of 2009, by which the learned Judge of the Court below convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and directed him to suffer imprisonment for life and to pay a fine of Rs.500/ and in default of payment of fine to suffer simple imprisonment for one month, the appellant is before this Court.

(2.) The facts, in nutshell, which give rise to the present appeal are as under:

(3.) Suman Gedam (PW 6) is the mother of Kalpana. She was informed that her daughter is burnt. Therefore, she immediately rushed to the house of Kalpana, that time she noticed that Kalpana was in a burnt condition. She therefore made enquiries as to how the incident has occurred. That time Kalpana disclosed to her mother Suman (PW 6) that her husband, the appellant, poured kerosene from behind and set her ablaze and thereafter he ran away. When Suman was in the house of Kalpana, that time appellant was not available in the house. At 6.00 a.m. Kalpana was taken to the hospital.