PANJABRAO NAMDEO BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant-original accused has challenged the judgment and order dated 04. 05. 2000 passed by the learned Additional Sessions Judge in Sessions Case No. 563/1998, wherein he was tried on a charge of having committed murder of his wife and was found guilty for having committed offence under Section 302 of the I. P. C. and sentenced him to suffer R. I. for life and to pay a fine of Rs. 10,000/- and in default to suffer R. I. for one year.

(2.) IT is the prosecution's case that the Appellant-accused was married to Sunanda, the deceased, in the year 1998 and they were residing together in Wadala. The Appellant-accused used to suspect the character of his wife and was in the habit of consuming liquor and used to frequently take up quarrel with his wife and assault her. There has been two N. C. complaints lodged earlier by the deceased Sunanda against her husband in Wadala Police Station.

(3.) ACCORDING to the prosecution on 19. 02. 1998 at about 8:00 p. m. in Room No. 52, Ganesh Nagar Zopadpatti, Saultpan Road, Wadala (E), where the Appellant-accused is residing with his wife Sunanda, the Appellant-accused poured kerosene on his wife and set her ablaze. On catching fire Sunanda shouted for help which was heard by the neighbours and out of them Rupesh Devji Kadam (PW-1) and Raghunath Laxman Joshi (PW-2) came to her rescue. Within a short period of time brother of the deceased by name Prakash Ganpat Patil who resides in the neighbourhood also rushed to the house of her sister and found that she was burnt and the surrounding was smelling of kerosene. The Appellant-accused and Prakash Ganpat Patil then took the victim to Sion Hospital in a taxi. At Sion Hospital the police constable Shri. Anil Ramchandra Gaikwad who was on duty made an entry in EPR Register meant for the said purpose (Exhibit-16) and informed Wadala Police Station about the incident. The victim was admitted in Sion Hospital.