RAJU VITHAL PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) -

(2.) THIS is an appeal directed against the judgment dated 20th December, 1993 in Sessions Case No.332 of 1993 on the file of Additional Sessions Judge, Pune. We have heard the learned Counsel Mr. B.R.Patil for the appellant and Mr. M.P.Galeria, the learned A.P.P. for the State of Maharashtra.

(3.) THE prosecution examined eight witnesses. Appellant entered on defence and examined two witnesses. After trial, the learned trial Judge accepted the prosecution case and rejected the defence theory of accidental burning. He held that it is a case of homicidal burning and held that the appellant poured kerosene on his wife and set her on fire. Accordingly, the learned trial Judge convicted the appellant (first accused) under Section 302 I.P.C. and sentenced him to suffer life imprisonment and to pay a fine of Rs.2,000/- in default to suffer S.I. for two months. THE appellant was further convicted under Section 498A I.P.C. and sentenced to suffer R.I. for three years and a fine of Rs.2,000/- or in default to suffer S.I. for two months. Both the substantive sentences were ordered to run concurrently. THE appellant's mother viz. the second accused came to be acquitted. Being aggrieved by the conviction and sentence, the original first accused has come up with the present appeal.