DILIP MULCHAND BORKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 17-3-1992 passed by 2nd Additional Sessions Judge, Bhandara, in Sessions Trial No. 95 of 1990 convicting the appellant for the offence punishable under section 302 of Indian Penal Code for causing murder of his wife Rekha.

(2.) THE incident in this case took place on 26-8-1990 at about 11. 30 a. m. in the house of appellant in Ram Mandir Ward, Bhandara. It is the allegation of the prosecution that Rekha and appellant married on 16-9-1989. It was a love marriage and as the appellant did not receive any dowry, from the parents of Rekha, the appellant used to ill-treat Rekha. The appellant and the deceased were residing in rented premises of PW 3 madhusudan and appellant by pouring kerosene on the person of Rekha, set her ablaze. She sustained 100% burns. The appellant/accused also sustained 20% burns. Immediately the victim Rekha and appellant were taken to the General Hospital, bhandara where Dr. Manohar Mulkalwar (PW 8)admitted victim Rekha at about 12. 10 p. m. in the hospital. He gave intimation to Police vide his memo Exh. 42. The Executive Magistrate PW 2 laxmanrao Thakre received the memo of Police Exh. 33 for recording the dying declaration and also a certificate issued by the doctor that Rekha was fit and conscious to give the dying declaration. He went to General Hospital at about 2. 35 p. m. and recorded the dying declaration of Rekha. On the basis of the dying declaration, the offence under section 307 of Indian Penal Code was registered. Rekha succumbed to her injuries at about 5 p. m. on the same day. The appellant was also hospitalised as he received 20% burns.

(3.) THE prosecution has examined in all 10 witnesses. PW 4 Ramchandra and PW 9 Mandakini are father and sister of deceased Rekha respectively. PW 2 Laxmanrao Thakre is the Executive Magistrate. PW 1 Dr. Vijaykumar Wasnik has performed the post mortem examination. It is not in dispute that rekha died due to burn injuries. The learned trial judge believed the evidence of prosecution, relied on the dying declaration of Rekha Exh. 34 and the evidence of PW 9 Mandakini about oral dying declaration of Rekha when she has visited Rekha, in the Hospital and recorded finding of conviction.