SHANKAR BHIMA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged the judgment and order of the IV Additional Sessions Judge, Pandharpur, dated 9.5.2003. By this judgment and order, the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code. He has been sentenced to suffer life imprisonment and payment of fine of Rs.100/-.

(2.) The case of the prosecution is that, the accused constantly ill-treated the victim who was his wife. He often beat her when she asked for money for domestic expenses. On 4.1.1998, the accused was annoyed that the victim had cooked only vegetarian food and there was no non-vegetarian dish for that meal. When he questioned the victim, she explained that it was because he had given her insufficient money for the household expenses and, therefore, it was not possible to entertain his request for non-vegetarian food. Incensed by this, the accused flung a burning oil lamp on the victim. Her clothes caught fire and the victim shouted out loudly. Her mother who has been examined as PW-4 came running to her hut and doused the fire. The victim s mother saw the accused running away from the spot. The victim was removed to the hospital where her statement was recorded at 12.15 am on 5.1.1998 by the police constable. This statement has been treated as an F.I.R. Thereafter another statement was recorded at 2.55 am by the police officer. The victim had suffered 74% burn injuries. She succumbed to these injuries on 6.1.1998. The accused was arrested and was charged for having murdered his wife. The trial of the accused was committed to Sessions. The Sessions Court has found that the victim died a homicidal death and that the accused had killed her by setting her on fire. The Sessions Court, therefore, convicted and sentenced the accused as aforesaid.

(3.) The prosecution has relied on the testimony of 9 witnesses, besides the two dying declarations of the deceased. PW-1 is the panch witness who has proved the inquest panchanama. PW-2 has proved the spot panchanama. He has stated that burnt pieces of the saree and blouse were found in the hut where the accused and the victim resided. An oil lamp with its upper part separated from the rest of the body was also found. The lamp contained some kerosene. The oil lamp and the burnt pieces of clothing found in the premises, were seized by the police according to this witness.