KISAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AGGRIEVED by the judgment delivered in Sessions Case No. 72 of 1984 decided on 17.11.1984 passed by the Sessions Judge, Yavatmal, convicting the appellant - accused for an offence under Sections 323 and 307 of the Indian Penal Code, awarding sentence of six months S.I. for the offence under Section 323 of the I.P.C. and seven years R.I. and to pay a fine of Rs. 100/ - i/d to undergo further R.I. for 3 months for the offence punishable under Section 307 of the Indian Penal Code, the accused -appellant preferred this appeal from the jail.

(2.) THE facts of the case are that the appellant -accused on 13.5.1984 at about 12 p.m. in his residential house at village Chani, Tq Ner, Dist. Yavatmal, assaulted his wife - Yashodabai with an iron - band -Article No. 4 in the instant case, and further with an intention to cause death of his wife - Yashodabai took out a burning firewood stem from the. oven in the kitchen and took out a kerosene bottle containing kerosene, poured kerosene on her clothes on her person and ignated her clothes with the burning stem which he had picked up from the oven. The accused was thus charged for intentionally attempting to cause the death of his wife by burning and for assaulting his wife -Yashodabai with an iron band -Article -4 In the instant case under Sections 323 and 307 of the Indian Penal Code.

(3.) THE prosecution case is that the accused is as a sequel to the first information report -Exh. 9 given by his wife next day of the incident, I.e. 14.5.1984 in Ladkhed Police Station, wherein she has stated that she was at home at about 12 noon on 13.5.1984 and her two children, viz. Gopichand and Ratan, son and daughter respectively, were at home. The accused had gone out on that day and returned in noon. He was drunk. He picked up quarrel with his wife -Yashodabai on the ground of not preparing meals earlier, and picked up an iron band and hit her with it on her left hand and neck. Thereafter he poured kerosene on her person and took -out the burning stem from the oven and set her clothes on fire. The clothes caught flames and, therefore, Yashodabai shouted, as a result of which the accused is said to have poured water on her person and extinguished the flames. Yashodabai thereafter changed her clothes and went to the house of Bhtmrao Rathod and stayed there upto 5 p.m. Because the clothes were burnt the same were thrown away by the accused in the dustbin and thereafter the accused Is said to have left the place.