NANDKUMAR NATHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, hereinafter referred to as "the accused", has been convicted by the learned Additional Sessions Judge of Satara of the offence punishable under S. 302 of the Indian Penal Code in Sessions Case No. 30 of 1983 by holding that the prosecution has proved that the accused did, on 25th November 1982, commit the murder of one Vimal Baburao Sawant by setting fire to her clothes after pouring kerosene over the same. The evidence brought on record in the case by the prosecution shows that the accused was having some intimate relationship with the deceased Vimal who was staying in a part of the house of one Sonabai, examined as P.W. 1. There are different shades of impressions among the different witnesses relating to the reaction of Sonabai to the intimacy that had developed between the accused and Vimal. It is, however, totally unnecessary for us to say anything more on that aspect of the prosecution case. It is enough for our purpose to mention what actually happened on 25th of November 1982.

(2.) At about 9.30 P.M. on 25th November 1982, Vimal, who was sleeping in her room, suddenly rushed out of the room in a burning condition. She came in a lane between the house of Sonabai and one Pratibha, the latter having been examined as P.W. 4. Vimal shouted that Nandya, meaning the accused, has set her on fire. Sonabai, frightened by the ghastly sight, immediately rushed with a bucket of water which she poured over the body of Vimal. Similar reaction was also shown by Pratibha (P.W. 4). Niwas is the son of Sonabai and he has been examined as P.W. 8. He was also present near the place of incident at that time. The accused was running away from the scene, but P.W. 8 Niwas was successful in chasing and bringing him back to the house of Sonabai. Vimal was thereafter taken in a rickshaw to hospital by Sonabai and Niwas along with the accused. Dr. Tamboli, examined as P.W. 9, received Vimal in the hospital and gave her treatment. The case being a medico-legal case, he immediately informed the police and also requested the police to arrange for recording a dying declaration. Abdul Latif Khan, a Special Executive Magistrate examined as P.W. No. 3, arrived in the hospital and after having been certified by Dr. Tamboli that Vimal was in a fit condition to give a statement, he proceeded to record the statement of Vimal in the ward where she had been admitted. The dying declaration recorded by P.W. 3 Abdul Khan is at Exhibit 21. The accused was taken into custody at the hospital itself. The statements of all the material witnesses were recorded on the same day, namely on 25th of November 1982.

(3.) Fortunately, the condition of Vimal did not deteriorate at least for some days and she lived up to the 11th of December 1982. Before that, however, she had developed a condition known as septicemia. This is caused by the burn injuries developing sepsis. Ultimately she died on account of septicemia on 11th of December 1982. Dr. Ahiwale, as P.W. 2, has conducted the post-mortem examination and he has given the opinion that Vimal died of septicemic shock due to burns. The post-mortem notes; are at Exhibit 9.