STATE OF MAHARASHTRA Vs. MADHUKAR BHAU NALAWADE

JUDGEMENT

(1.) BY means of this appeal, preferred under section 378 (1) Cr. P. C. the appellant seeks to challenge the acquittal of the respondent under section 302 I. P. C. recorded vide order dated 30-8-1982, passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No.400 of 1981,

(2.) BRIEFLY stated the prosecution case runs as under :- The respondent was having illicit relationship with deceased Pentamma daughter of Laxmibai Ambaji Keramkunda, PW 2.The evidence of Laxmibai is that nearly about 10 years prior to the incident, Pentamma had been married and from the wed-lock two children namely a son Babu PW 3 and also known as Baburao and a daughter Ambubai were born to her. Nearly about four years prior to the incident, Pentamma's husband left her. Thereafter, Pentamma is alleged to have started living in Laxmibai's hut. It is said that the respondent who is Sub-Inspector of Police used to visit the hut of Laxmibai because, there were reports that she indulged in the trade of illicit liquor. His visits resulted in his initially developing friendship with Pentamma and thereafter, the same was converted into an illicit relationship. Laxmibai did not like this. Consequently, she asked Pentamma to take a separate room. It is said that Pentamma took a hut situated near the hut of Laxmibai. The same was taken on hire from PW 7 Shashikant Bhagwat. In the Said hut, respondent used to visit Pentamma and often used to spend the night. The incident is alleged to have taken place on 17-6-1981. It is alleged that from four days prior to the incident, respondent was continuously living in Pentamma's hut. On the said date, in the evening, at about7.30 pm. the respondent was drunk. He wanted to spend the night with Pentamma. The evidence is that Pentamma told the respondent that his wife and children must be worried and he should not spend the night with her. On this, the respondent became so much annoyed that he picked up a can which was filled with kerosene and was lying in the hut, poured its contents on Pentamma and thereafter, set fire to her. As a result of the act of the respondent, she was set ablaze. Naturally, she ran outside the hut, and started raising cries of 'bachav Bachav'. Her cries attracted the attention of her neighbours including one Fatima PW 6 and PW 16 Hussainbi Allauddin Shaikh. The said ladies took Pentamma inside her hut and changed her clothes. In the meantime, it is alleged that the respondent who was in the hut tried to run away but, was apprehended by some persons, including PW 19 Sk. Hussain Bandeali. Thereafter, it is said that a taxi was sent for through one Baliya. After arrival of the taxi, Pentamma was put inside the same. The respondent was also forced in the same. Along with them, one Balu also boarded the said taxi. Thereafter, the taxi proceeded to Potdar Hospital. It may also be mentioned that the murder of Pentamma was seen by her seven year old son Babu, PW 3.

(3.) IT may be mentioned that after making the EPR entry, constable Ghag telephonically informed the concerned police station, namely police station Worli. The telephone message was received at 8.345 p. m. by constable Sudam Sawant PW 1.The message was that a patient who was admitted in Potdar Hospital, had received burn injuries. The evidence is that SI Bajirao Patil PW 22 was also present at the police station when the said message was received. As soon as the message was received, he left for Potdar Hospital. SI Patil reached Potdar Hospital at about8 .45 p. m. There he learnt that Pentamma was admitted in Female Surgical Ward. He contacted Dr. Yagnik PW 27 and asked her whether Pentamma was in a position to make a statement on which the said doctor replied in the negative. Thereafter, he took the necessary endorsement of Dr. Yagnik and went to constable Ghag who had made the EPR entry to find out the address of the victim and learnt that it was Gandhinagar. SI Patil from Potdar Hospital left for Gandhinagar. At Gandhinagar, he approached PW 7 Shashikant Bhagwat, who informed him that he was owner of the hut where Pentamma was living. Thereafter, he called for two panchas and in their presence, inspected the hut and found a plastic can containing kerosene. He also found some burnt clothes and a shirt and a cap of a Police Officer. The said articles were seized under a panchanama. On 18-6-1981, at 9.20 a. m. he again visited Potdar Hospital for the purposes of recording statement of Pentamma. She was in a semi-conscious condition. Consequently, he came back. At about 9.30 p. m. he again visited Potdar Hospital and it appears that some improvement had taken place in Pentamma's condition. His evidence is that Dr. Dubewar PW 28 told him that Pentamma was in a fit condition to make a statement. Consequently, SI Patil approached the Executive Magistrate Thosar PW 1. Along with the Executive Magistrate, he came to Potdar Hospital. At the said Hospital, the Executive Magistrate Thosar went to Casualty Department where he met Dr. Dubewar. Along with Dr. Dubewar, he went to Female Surgical Ward where Pentamma was admitted. Dr. Dubewar examined Pentamma and found that she was in a condition to make a statement. Thereafter at about 11.45 p. m. he recorded Pentamma's statement. That statement was made by her in presence of her mother Laxmibai PW 2.