LAWS(BOM)-1996-10-14

SHIVAJI GOVIND KALE Vs. STATE OF MAHARASHTRA

Decided On October 15, 1996
SHIVAJI GOVIND KALE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE accused in Sessions Case No.26 of 1993 on the file of Addl. Sessions Judge, Baramati, Dist. Pune had filed this appeal challenging the Judgment and the order dated 3/6/1994 whereby the accused persons were convicted for the offence under S. 302 r. w. S. 34 of I. P. C. and sentenced for undergoing imprisonment for life.

(2.) THE charge against accused was that on 12/1/19193 at about 7.00 to -8.oo p. m. the deceased was sitting in front of house of deceased Shantilal Mohan Ghadiyal situated near Durga Talkies, Baramati. THE accused Nos. 1 and 2 came there. THE deceased asked the accused No.1 as to why he was troubling Jijabai and the ensued quarrel between them. THE accused No.1 asked the accused No.1 to bring the kerosene oil. THE accused No.2 brought kerosene oil and at the instance of accused No.1 he (accused No.2) poured kerosene oil on the person of the deceased. THE accused No.1 lighted a match stick and set deceased ablaze. THE scream of deceased attracted the attention of Sitabai and other neighbours. Thus the do accused had intentionally and knowingly caused death of Shantilal Mohan Ghadiyal. According to the prosecution the aforesaid Shantilal Mohan Ghadiyal was lame by both the legs. P. W. 1 Sitabai is second wife of deceased, P. W. 3 Jijabai is the daughter of his second wife from her first husband. Accused No.1 used to visit the house of deceased. He kept Jijabai as his mistress. THE relationship between accused No.1 and Jijabai became strained. THEy use to quarrel with each other. On 12/1/1993 between 7 to 8 p. m. , when the deceased was sitting in front of the house, accused No.1 and 2 came there, deceased asked accused No.1 as to why he was troubling Jijabai and quarrel between them took place which culminated into setting on fire the deceased by the accused in the manner stated above. As stated earlier on hearing of the screams of the deceased Sitabai and others approached at the scene of offence. THEy extinguished the fire and carried the deceased to the Silver Jubilee Hospital, Baramati. He was admitted as an indoor patient. Information was sent to the police station, Special Executive Magistrate Shri. Nilakhe went to the hospital at 9.30 p. m. recorded dying declaration of the deceased. THE deceased disclosed before him that accused No.2 brought kerosene oil and poured on his person and the accused No.1 lighted a match stick. Head constable Manohar visited the hospital at about 10.00 p. m. and recorded the detailed statement of the deceased. In this statement he disclosed that because of ill-treatment given to Jijabai, there used to be quarrels between him and the accused No.1 THE accused No.1 had threatened him that he would kill him. On the day of the incident, when the deceased asked the accused No.1 as to why he was quarreling, he asked the accused No.2 to bring the kerosene oil. THE accused No.2 poured kerosene oil and accused No.1 set him ablaze. On the basis of this information, an offence bearing Crime No.16 of 1993 was registered under S. 307 r. w. 34 of I. P. C. P. S. I. Khaire took over the investigation. He visited the spot and searched for the accused Nos. 1 and 2.In the night of 13/1/193 at 01. 00 hrs i. e. at 1. 00 a. m. he came to the hospital and recorded the second dying declarations. He also summoned the Executive Magistrate Shri. Agawane. In both these dying declaration, the deceased stated that he was caught fire by an accident. THEre used to be a kerosene lamp, prepared by a wick and kerosene oil in the glass bottle. At about 7.00 a. m. the spot panchanama was drawn. P. S. I. Khaire found one glass bottle without cash. He also found burnt pieces of cloth and polythene which were seised. In the morning at about 7.35 a. m. on 13/1/1993. Shantilal succumbed to the injuries. THE offence was then converted from S. 307 r. w. 34 of I. P. C. to S. 302 r. w. 34 of I. P. C. P. S. I. recorded statements of witnesses, held inquest over the dead body of the deceased and despatched the dead body for post mortem examination. On 13/1/193, at about 14.45 hrs. P. I. Shinde took over investigation of this case. THE last Mortem examination of the deceased reveals 79% burns. THE burne were over face, scalp, neck, interior chest, back, upper extremity lower extremity. THE Medical Officer opined that the death was due to shock due to 79% burns deep injuries. On 13/01/1993 the accused Nos. 1 and 2 were arrested at about 15.15 hrs. No injuries were found on their person. P. I. Shinde, on 13/1/1993 again visited the spot and searched for the cork of the bottle. On 14/1/1993, the clothes on the person of accused Nos. 1 and 2 were seised, the clothes on the person of the deceased, the cloth pieces and polythene pieces found on the spot and clothes on the person of the accused were sent to the C. A. on 3/2/1993. On the empty bottle, on the partly burnt clothes, burnt synthetic clothes and partly burnt pant and underwear of the deceased kerosene residues were found. On the pant and partly burnt shirt seized from the accused No.1, kerosene residues were found. On the pant and shirt of the accused No.2 also kerosene residues were found. P. I. Shinde recorded the statements of other witnesses. After investigation, the charge sheet was laid before the J. M. F. C. Baramati who then committed the case to the court of Sessions, on 7/4/1993.