VASANTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Criminal Appeal filed under section 374 of the Criminal Procedure Code, the appellant is challenging the judgment dated 29-12-2004 delivered by the 6th Ad-hoc Additional Sessions judge, Nagpur, in Sessions Trial No. 346 of 2001, whereby the said Court has found him guilty of an offence punishable under section 302 of Indian Penal code and he has been sentenced to suffer R. I. for life as also to pay fine of rs. 1,000/- and in default to suffer R. I. for six months. He has also been found guilty of an offence punishable under section 498-A of Indian Penal Code and has been sentenced to suffer R. I. for two years and to pay fine of Rs. 500/- or in default to suffer R. I. for three months. The substantive sentences are to run concurrently.

(2.) The case of the prosecution is that on 5-4-2001 at his house at Adam, the appellant committed murder of his wife deceased Seema. He also used to subject her to mental as well as physical cruelty falling under section 498-A of Indian penal Code. The marriage of the appellant with Seema was performed on 27-6-1999 and the appellant was in service as a Teacher in a School at village - Kini run by the Zilla Parishad, Nagpur. The appellant and deceased resided together at adam with parents of the appellant viz. , Shrawan Gajbhiye and Manjula gajbhiye. The deceased also gave birth to a son by name Sanket who at the time of incident was 9 months old. The appellant used to travel to and fro between adam and Kini to attend his duties. Father of deceased had given a gold ring of 5 grams to the appellant at the time of marriage, however, the same was not being seen in the finger of the appellant since prior to about 1 1/2 years of the incident. The deceased Seema, therefore, used to enquire about said gold ring and the appellant used to quarrel with her and beat her. The prosecution also alleged that the appellant had illicit relations with one Ukabai wd/o Nehru Khobragade, who is the daughter of his mother's sister. The appellant used to keep condoms in pockets of his pants and deceased Seema used to remove the same. On that count also appellant beat deceased and gave trouble to her. On 5-4-2001, Seema woke up at about 6. 00 AM and she cleaned her house and boiled milk on the hearth. She also boiled water and then asked appellant to wake up to take bath. Her father-in-law Shrawn had gone to his field and mother-in-law was sitting in the courtyard. The appellant woke-up at about 7. 00 AM and scolded the deceased saying that all ladies in the neighbourhood were already awake and had already removed cow dung from cow shed but the deceased had not done her job. He assaulted the deceased by means of fist blows. Thereafter the deceased fed milk to her son and handed him to her mother-in-law in Courtyard. She entered the house and the appellant closed the door of the house and poured kerosene oil from plastic can on her person and set her on fire by lighting match stick. She shouted. Her neighbours Mukund Gajbhiye and Bhura Gajbhiye and others came to her house, extinguished the fire by pouring water. Thereafter the appellant along with 3-4 persons shifted her by a jeep to Government Medical College and hospital, Nagpur. PW-5 - Baba Titarmare, who was working as Head Constable at the relevant time at Police Station, Kuhi, received the information forwarded from Police Booth at Government Medical College and Hospital, Nagpur, on 6-4-2001 and he rushed to Hospital and recorded dying declaration of Seema vide exh. 30. He also issued requisition to Executive Magistrate, Nagpur, for recording dying declaration and Executive Magistrate recorded dying declaration which is at Exh. 24. The Head Constable - Mahadeo Rithe registered Crime No. 52 of 2001 under sections 498-A, 307 of Indian Penal Code against the appellant. While undergoing medical treatment, Seema died on 7-4-2001. Head Constable -Bala Titarmare prepared spot panchnama (Exh. 32). He seized plastic can containing rockel, one broken match stick, burnt pieces of clothes of Seema by drawing seizure panchnama (Exh. 33). He also recorded statement of witnesses during investigation. After death of Seema, offence under section 302 of Indian penal Code was added and appellant came to be arrested on 7-4-2001. Further investigation was handed over to Police Inspector Dhone, who then sent seized articles to Chemical Analyser and after completing investigation submitted charge-sheet in the Court of Judicial Magistrate First Class, Kuhi, on 6-6-2001. The said Court thereafter committed the matter for trial to Sessions Court. The learned Ad-hoc Additional Sessions Judge framed charges vide Exh. 14 which were denied by the appellant. Hence, the prosecution led evidence and after completing trial and recording statement of appellant under section 313 of criminal Procedure Code, the learned Court below passed the judgment of conviction which is impugned in this appeal.

(3.) We have heard Shri Patwardhan, learned counsel for the appellant and shri Mirza, learned Additional Public Prosecutor for the respondent.