FATIMA C. FERNANDES. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a case, where the appellant, who is a daughter- in-law, is said to have caused the death of her mother-in-law, by setting her ablaze.

(2.) The brief facts are that the appellant Fatima, is the daughter-in-law of the deceased Angelina Fernandes. According to the prosecution, on 16/03/2009, at about 13.00 hours at House No.891, St. AgustinoVado, Santa Cruz, the appellant intentionally caused the death of Angelina by setting her on fire after pouring some inflammable liquid. On the basis of a complaint lodged by Angelina, an offence came to be registered with Old Goa Police Station. The Investigating Officer (IO) conducted investigation, in which dying declaration of the deceased was recorded. The IO drew panchanama of the spot of occurrence. The dead body of Agelina was sent for postmortem examination after drawing an inquest panchanama. The IO effected seizure of the clothes and certain articles and after completion of the investigation, filed a chargesheet before the learned Judicial Magistrate, First Class at Mapusa, which was committed to the Court of Sessions at Mapusa and registered as Sessions Case No.23/2009.

(3.) The learned Sessions Judge framed charge against the appellant for the offence punishable under Section 302 of Indian Penal Code (IPC, for short). The appellant pleaded not guilty to the charge and claimed to be tried. The defence of the appellant is one of total denial and false implication.