DILIP Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused/appellant was tried for commission of offence of murder of his wife Sonabai in Sessions Case No. 57/2011 before the Court of Sessions at Nanded and has been held guilty for commission of offence under Sec. 302 of the Indian Penal Code and, is sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/ -, in default, to suffer six months rigorous imprisonment.

(2.) According to prosecution, accused Dilip is the husband of deceased Sonabai and they were residing together alongwith son Amol at Janta Colony, Nanded in the rented premises owned by Arunabai Mane PW2. The incident in question has occurred on 27.11.2010 at about 9.30 pm at the rented residential house of the accused. It is alleged that accused was suspecting fidelity of his wife and used to beat her. On 27.11.2010 at about 9.30 pm while deceased Sonabai was at the residence, accused came in drunken condition and started abusing her. He assaulted deceased on the count of her refusal to give money for purchasing liquor. It is alleged that accused shut the door and bolted it from inside. He took up plastic bottle containing kerosene and poured kerosene on the person of the deceased and set her on fire by throwing lighted matchstick. Deceased got fire and raised hue and cry. Upon hearing shouts, neighbours and the land lady Arunabai rushed on the spot. Accused ran away from the house. It is stated that deceased Sonabai was admitted in Government hospital at Nanded. At the hospital, after her admission, her statement was recorded by Head Constable Ashok Handebag at about 1.30 pm on 28.11.2010 after securing certification from the Medical Officer in respect of condition of the patient. On 29.11.2010, dying declaration of deceased was recorded by Special Executive Magistrate Mahesh Wadajkar wherein the deceased implicated the accused as a culprit who poured kerosene on her person and set her ablaze. Deceased Sonabai died at the hospital on 14.12.2010. She had suffered 46% burn injuries and cause of her death is septicemic shock due to superficial deep burn injuries.

(3.) After completing investigation, charge sheet was submitted to the Court. The case being triable by the Court of Sessions, it was committed to the Sessions Court for trial. Charge of commission of offence under Sec. 302 of the Indian Penal Code was framed against accused vide exh. 6 to which he pleaded not guilty and claimed to be tried. Defence of accused is of denial. According to him, deceased got burns accidentally while preparing food.