SANTOSH MITHU MORALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, the appellant challenges the judgment and order of conviction and sentence for an offence punishable under section 302 of indian Penal Code, 1860 (for short "i. P. C. ")to undergo imprisonment for life. The judgment was delivered by the learned Sessions judge, Beed in Sessions Case No. 51 of 2005,on 31/1/2006.

(2.) IN brief, the prosecution case is that the appellant was husband of deceased rajubai, who was married with the appellant about 2 years prior to the date of incident. According to prosecution, an amount of Rs. Sixty Thousand was offered on account of dowry along with three Tolas of gold during the marriage. The deceased used to come to her parental home occasionally for festivals. At the time of mahashivaratri, the deceased was brought to her parental home by her father. At that time, she disclosed that the appellant was not on talking terms with her. The parents of the deceased persuaded her to pull on while assuring her that everything would be all right in due course of time. The incident in question took place about three weeks thereafter.

(3.) IT is alleged that the appellant poured kerosene on the person of deceased and set her on fire in the midnight of 11/4/2005, at about 11. 45 p. m. to 12 p. m. while they were residing at village Wanjarwadi, Taluq and District Beed. The deceased survived till 14/4/2005 on which day she succumbed to the injuries. One Shivajitandale (P. W. 7) made a telephone call to Ayodyabai (P. W. 5), who is step mother of father of deceased Rajubai namely Gowardhan Bangar (P. W. 4), and informed her of the incident. Ayodhyabai reached village Patoda, at about 6. 00 to 6. 15 a. m. and informed the happening of the incident to the father of the deceased Gowardhan (P. W. 4 ). She asked gowardhan (P. W. 4) to proceed to Civil Hospital, Beed. Accordingly, Gowardhan (P. W. 4)along with close relatives reached Beed town in a Jeep at about 8. 00 to 8. 15 a. m. On reaching hospital ward, he found that his daughter had sustained burn injuries. On inquiry made by the parents of deceased regarding the reasons behind sustaining burn injuries, Rajubai the deceased informed that the appellant had told her that she should take her utensils with her and go to Waghira, otherwise he would kill her. To a query, deceased Rajubai told her parents that one Police and Tahasildar had come and recorded her statement. It is further alleged that deceased Rajubai disclosed to her parents that while she was asleep, her husband had poured kerosene on her body and set her on fire.