RAGHU SAHEBRAO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PRESENT appeal arises from the judgment and order dated 4-3-1994 passed in Sessions Case No.56/93 by the Additional Sessions Judge, Satara, whereby the Appellant herein was convicted for the offence punishable under Section 302 and Section 342 of IPC and was sentenced to suffer imprisonment for life and to pay fine of Rs. 200/- and in default to suffer further R. I. for 6 months.

(2.) THE case of the prosecution is that on 28-3-1992 at about 8.45 p. m. in the village of Jaygaon in the taluka of Khatav, district : Solapur when various person, some of whom were examined as witnesses in the present case were standing on the road in front of the house of one Kasabai Kundalika Thorat, they saw the said Kasabai coming out of her house running with flames on her person. She was shouting for help and was saying that the accused Raghu Sahebrao had set her on fire by pouring kerosene on her person. One Narhari Govind Deshmukh was examined as P. W. 4 took her to Aundh dispensary for treatment and on information about the incident to the police, PSI Shri Jadhav ( P. W. 12 ) after conducting the investigation and after recording the panchanama and the statement of witnesses filed charge sheet against the accused for the offence punishable under Section 302 and Section 342 of IPC in respect of the death of Kasabai, which occurred on 7-4-1992. It is further case of the prosecution that when Kasabai was taken to the hospital she gave detail account of the incident by saying that during the relevant time while she was preparing to go to the house of one Alka P. W. 8, the accused entered her house and locked the door from inside and told her that she was wandering in the village as a vagabond and saying so he started assaulting her. She further told that the accused then poured kerosene on her person and set fire with the help of a burning lantern in the house. This statement according to the prosecution was recorded in dispensary in presence of Special Executive Magistrate Shri L. B. Kadam P. W. 10 and in the presence of Dr. Kamble, P. W. 11 on 28-3-1992 at about 9 a. m. Being charge of murder the matter was committed to Court of Sessions, where on conclusion of the trial the impugned judgment was passed convicting the accused.

(3.) SHRI Patil, the learned advocate appearing for Respondent on the contrary has submitted that Exh. 30, the dying declaration, clearly implicates the accused as a person who had poured kerosene and has set her on fire at the relevant time and day. According to the learned A. P. P. the statement was recorded immediately after the incident and the same was recorded in the presence of Special Executive Magistrate, P. W.10.The fact that the deceased was in a position to give the statement has been confirmed by the doctor by his endorsement on the said Exhibit, as well as, by his deposition before the Court having examined as P. W.11.He further drew our attention to the deposition of P. W. 4 Mr. N. G. Deshmukh, who had carried the deceased to Aundh dispensary for treatment. Taking us to the deposition of P. W. 4, he submitted that all the witnesses have categorically stated that Kasabai came out of her house shouting that the accused Raghu set her on fire. According to the learned A. P. P. the evidence in the form of dying declaration is the clinching piece of evidence as regards the guilt of the accused in relation to the incident of pouring of kerosene on the person of Kasabai and setting her on fire and the said action justifies the conviction of the accused. According to the learned A. P. P. no case is made out by the appellant for interference.