DNYANESHWAR YASHWANT LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) - Heard Mr. Shetye. The learned Counsel for the applicant and Mr. Shinde, learned A. P. P. for the State. Perused the record and proceeding.

(2.) By the present revision application, the applicant, who is accused No. 1, seeks to challenge the order of conviction and sentence for the offence punishable under section 307, to undergo sentence of R. I. for 7 years and to pay fine of Rs. 1000/- and in default to pay fine to undergo R. I. for 3 months.

(3.) The prosecution case, in brief, is that the present applicant was married to one manisha Alias Sunita about 5 years prior to the incident. The incident occurred in the evening of 30th December, 2001. The applicant was observing fast every day for a period of about 7 days, as some religious function i. e. Parayan was going on. At about 8 P. M. , on 30th December, 2001 he returned home. His wife had prepared groundnut kalvan and Bhagar. The applicant was annoyed with the preparation, as well as delay in making the preparation. His wife tried to pacify him but the applicant got annoyed and scolded her saying that " It is now enough and she must get thrashing". Saying so, he assaulted her and also caught hold her head and dashed it against the kitchen platform due to which she suffered some bleeding injury. At the same time, in anger the present applicant also poured kerosene from the kerosene lamp on her person and set her ablaze with match stick. She shouted but nobody came to her. She was wearing nylon saree. She herself poured water and extinguished fire. Within a short time, her maternal aunt jijabai came there and Manisha narrated the incident to her. As advised by Jijabai the present applicant and his mother took his wife to hospital, where she was examined and treated. At hospital her statement was recorded, wherein she stated above facts and also, that she was being harassed and treated with cruelty by her husband and mother in law. In view of this, the present applicant and his mother accused no. 2 were prosecuted and tried for the offence punishable under sections 498-A, 323, 307, 504 r/w section 34 of Indian Penal Code. After trial mother was acquitted of all the charges. The present applicant was also acquitted of the charges under section 498-A, 504 IPC but was convicted for the offence punishable under section 307, 323 ipc and was sentenced as stated above. Separate sentence for the offence under section 323 IPC was not awarded.