MARIBA PIRAJI CHAPEWAD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 84/2001, the appellant was convicted u/s 302 IPC for pouring kerosene on person of victim Ganesh and setting him on fire and thereby committed his murder and was sentenced to imprisonment of life and to pay fine of Rs. 10,000/- in default RI for six months. The accused was acquitted u/s 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act , 1989. The appellant being aggrieved by the conviction has preferred this appeal.

(2.) The facts relevant for deciding this appeal may be stated as follows. . On 22.01.2001, in the evening, Police of Bhagya Nagar Police Station, Nanded received information of M.C. Case, hence, PW8 ASI Shripad Jankar visited Civil Hospital, Nanded. After obtaining certificate from Medical Officer about consciousness and mental fitness of the victim, he recorded dying declaration of Ganesh Suryawanshi (the deceased), who had sustained 65%burns. He had disclosed to PW8 ASI Jankar that, as he was a labourer, on 22.01.2011 at 05:30 p.m. he consumed 100 gm. of liquor in Liquor Shop of Shetti at Kalyan Nagar, Nanded. When he came out, the accused Mariba came there and told him to supply liquor to him. Deceased Ganesh further disclosed that, he told the accused that he had no money then the accused suddenly brought some kerosene in a glass and poured it on his person and set him on fire by lighting a match stick. His banyan caught fire and he sustained burns on chest, abdomen, face, back and on thighs. This dying declaration was read over to deceased Ganesh and he admitted it to be correct and then signed it. This dying declaration was taken to the Police Station and at 09:35 p.m. crime was registered at C.R. No. 16/2001 u/s 307 IPC . The same was investigated into by PW11 PSI Prashant Deshpande. On the same night, PW4 Khaja Farukh Hussain, JMFC, Nanded received a request letter from PW8 ASI Jankar for recording dying declaration. He received the letter at 08:00 p.m. and recorded dying declaration at 08:10 to 08:30 p.m. He also obtained the opinion of Medical Officer about consciousness and mental fitness of the patient. The dying declaration by JMFC is substantially similar and slightly different. It shows that, on the same day at 05:30 p.m. the accused Mariba abruptly came in front of him outside the shop of Shetti, poured kerosene on his person from a glass and set him on fire by lighting a match stick and thereby he sustained 65% burns on face, both hands, chest, abdomen and legs. It was also read over to burn patient and his signature was obtained. The investigation also revealed that, PW7 Suresh Nikalje was at the relevant time in the Liquor Shop of Shetty. On hearing shouts of Ganesh (deceased), he came out and saw that Ganesh had sustained burn injuries. The deceased gave oral dying declaration that the accused demanded Rs.10/- for purchasing liquor and as he could not advance the same, kerosene was poured on his person and he was set on fire. He saw accused leaving the spot in hurry. Thereafter, he gave intimation to brother Ankush (PW1) and mother Haribai (PW5). PW1 had been to the spot and the deceased had given dying declaration before him while he gave dying declaration to his mother Haribai in the hospital. The clothes of the deceased were seized and forwarded to the office of CA. The reports received from the CA Office disclose kerosene residues on T-shirt, nicker and full pant of the deceased. On 26.01.2001, the deceased succumbed to the burn injuries. His PM was conducted and the cause of death was 65% superficial to deep burns. The statements of material witnesses came to be recorded. The spot panchanama and inquest panchanama were drawn. After completion of investigation, the charge-sheet was submitted in the court.

(3.) In due course, the case was committed to the court of Sessions, Nanded. The ld. Addl. Sessions Judge, Nanded framed charge. The investigation also revealed that the accused belongs to Wadar community whereas the deceased belongs to Mang community, hence the charge u/s 302 of IPC and 3(2)(v) of SC & ST Act were framed. The accused pleaded not guilty. The prosecution examined 12 witnesses whereas the defence examined one witness. It is the defence of the accused that, the accused had a quarrel with his brother and, therefore, he himself committed suicide by setting himself on fire. The ld. Addl Sessions Judge, Nanded was pleased to accept the prosecution evidence to hold the accused guilty u/s 302 IPC . Hence, the accused has preferred this appeal.