ARVIND BHIKAJI KAMBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal directed against order dated 7-1-1994, in Sessions Case No. 58 of 1993, on the file of the Additional Sessions Judge, Satara. Heard Mr. Suresh Kumbhar for the appellant and Ms. Jyoti Pawar for the respondent.

(2.) THE appellant was prosecuted for murdering his wife for an offence under section 302 I. P. C. The prosecution case is that the deceased Prabhavati was married to the appellant about 16 years back. They had three children. Prabhavati was working in a hostel. The appellant had no job. There used to be frequent quarrels between the husband and wife. It appears that on 5-1-1993, the appellant went to the hostel where his wife was working and demanded her to pay money for drinks which she refused. Then, the appellant left this place by threatening his wife. According to the prosecution, on the same day at about 8. 30 or 9 p. m. the accused called his wife and then poured kerosene on her and set fire to her. The children woke up after hearing the hue and cry of the mother. The landlord who is a neighbourer also rushed to the house. Then the landlord and the husband shifted the injured in an auto-rickshaw to the local Hospital at Satara. The doctor gave treatment and informed the local police. S. I. P. W. 11 Saravade rushed to the hospital and questioned the injured and recorded a statement which he has treated as an F. I. R. On that basis, he registered a case for an offence under section 307 I. P. C. in Crime No. 3 of 1993. In the meanwhile, the S. I. had already sent information to the local Taluka Executive Magistrate. Accordingly, Srirang Shinde, P. W. 10 came to the hospital and then, after getting opinion of the doctor, recorded a formal dying declaration of the injured. The injured was shifted to Sasoon Hospital at pune on 9-1-1993. Unfortunately, the injured Prabhavati succumbed to her injuries and died on 14-1-1993. The offence was changed to one under section 302 I. P. C. The dead body was subjected to post-mortem examination. During the investigation, Many witnesses came to be examined and ultimately a charge-sheet was filed against the appellant.

(3.) THE appellants defence was one of denial so far as the alleged offence is concerned. His defence appears to be that it is a case of accidental burns. 12 witnesses were examined on behalf of the prosecution. Then statement of the accused was recorded under section 313 Cr. P. C. He did not adduce any evidence. Then after hearing both the sides, the trial Judge accepted the prosecution case and held that the prosecution has successfully proved an offence under section 302 I. P. C. against the appellant. Accordingly, the accused was convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs. 200/- or in default to suffer R. I. for 6 months more. Being aggrieved by the conviction and sentence the appellant has come up in appeal.