MAHADEO MARUTI KAMBALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 20th September 1993, passed by the 3rd Additional Sessions Judge, Kolhapur, in Sessions Case No.70 of 1993, convicting and sentencing him to undergo imprisonment for life under section 302 IPC. has come up in appeal before us.

(2.) BRIEFLY stated the prosecution case runs as under: The appellant is the husband of the deceased Janabai. The marriage between them took place about 30 to 35 years prior to the incident. Ever after the marriage the appellant is alleged to have been ill - treating the deceased Janabai. He was addicted to liquor and used to beat her. The incident in question occured some times between 4 a.m. to 5 a.m. on 10.12.1992 at the house of the appellant situate in village Kapshi, Taluka Kagal, District : Kolhapur. It is alleged that on the aforesaid date and time when the mother of the deceased one Gourabai,P.W.1, woke up to urinate she heard cries of her daughter, deceased Janabai. On hearing her cries she went to her house and there she heard Janabai saying that it would have been better had she been killed by an axe blow instead of being burnt after pouring kerosene. Gourabai asked that the door be opened and thereafter the appellant opened the door. She then saw that the body of Janabai was burning. One Shalan and Laxmibai, P.W.4, are also alleged to have reached there and Janabai told them that her husband after pouring kerosene oil on her had set her on fire. Thereafter Gourabai first carried Janabai to her house, where Janabai told one Parasu, her neighbour and some others that her husband had burnt her. Janabai also told the same to her brother Madhukar Kamble. Madhukar Kamble (P.W.6) and some others took Janabai to CPR Hospital, Kolhapur where she was admitted on the same day i.e. 10.2.1992 at 9.30 a.m. There she was medically examined by Dr. Aruna (P.W.9) Janabai was found to be having 95% burns on various parts of her body.

(3.) THE Post mortem examination of the dead body of the deceased Janabai was conducted by Dr. B.B. Patil (not examined). Dr.Patil found that the deceased had sustained 95% burns on various parts of her body. THE cause of death stated in the post mortem report is shock on account of burns. It may be mentioned that as the genuineness of the post mortem report has been admitted by the defence the autopsy surgeon was not examined.