ANNA APPA SUTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been directed against the order of conviction of the appellant (original accused) under section. 302 of the Indian Penal Code dated May 19, 1981 passed by the Sessions Judge, Solapur.

(2.) This appeal lies in a very narrow compass and a brief narration of a few relevant facts would be sufficient to appreciate the point which arises for our consideration in the appeal. The deceased Gojira was the third wife of the appellant-accused (hereinafter referred to as the accused). They were staying in a room at Tamboli Wadi, Akluj. The difference between the age of the accused and the deceased was about 20 years. The accused did not disclose about his two previous marriages to the deceased or to her relations. Only after the marriage of deceased and the accused, the deceased and her relations came to know about his two wives and the issues from them. The deceased was all the time blaming her parents and the accused for the non-disclosure of his previous marriages. She used to abuse her parents and accused for the said non-disclosure. All the time she kept saying that her parents had given her in marriage to an old man like the accused. It is alleged that on one occasion the deceased came to the house of her mother when she was found in a very upset mood on account of her marriage with the accused. However, her parents took her back to the house of the accused after convincing her. The deceased was also issue-less. The accused used to drink liquor every-day and abuse the deceased under some pretext and beat her. Three months prior to the incident they had come to reside in the room in question.

(3.) On the day in question i.e. on 27-11-81 at 9 to 9.30 p.m. The accused came home after consuming liquor. When the deceased asked the accused to take his meals he refused to take meals. Instead the immediately poured kerosene on her and set her on fire by igniting a match stick to her clothes. On account of this she cried loudly and Madhukar (P.W. 1), Khoja (P.W. 2) came on the scene. They noticed that the accused was restless and standing near the deceased. The deceased demanded from him water to drink. The accused gave her water. Thereafter she was taken to the cottage hospital (Public Health Centre) at Akluj. She was examined by Dr. Kazi (P.W. 7) and according to him, the percentage of burns was 60 to 70%. In the case history recorded by Dr. Kazi, the deceased told him that her husband had set her on fire. Dr. Kazi informed to P.S.I. Akluj about serious condition of the patient. He prepared a memo for transferring the patient to Civil Hospital, Solapur. On the information received from Dr. Kazi, Police Head Constable Suresh (P.W. 9), came to the primary health centre and on the advice of doctor Kazi he recorded the dying declaration of the deceased, which is at Exh. 20. The deceased was then removed to the Civil Hospital, Solapur, Shaikhlal (P.W. 12), recorded the dying declaration of the deceased in the Civil Hospital which is at Exh. 32.