TUKARAM DADU SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant was charged and tried for an offence under Section 302 of the Indian Penal Code in Sessions Case No.228 of 1982 in the Court of Sessions for Greater Bombay. By his judgment and Order dated 23.2.1984, the learned Additional Sessions Judge,Greater Bombay convicted the Appellant under Section 302 of the Indian Penal Code and sentenced him to suffer R.I. for life. It is the said Judgment and Order of conviction and sentence which is under challenge in the present Appeal.

(2.) BRIEFLY stated,the prosecution story runs as under:

(3.) P .I.Khot attached to Vile Parle Police Station upon receipt of information from P.C. Waigankar came to Cooper Hospital and rushed to the ward where the deceased was admitted. He found the deceased to be conscious. He started recording the statement of the deceased at 11.15 p.m. on 12.10.1981. According to P.I.Khot,as the statement was in progress the doctor came there to attend on her. The doctor left the bed and P.I.Khot completed recording of the statement and took an endorsement of Dr.Tushar Doshi on the statement. He obtained thumb impression of the deceased on the said statement. According to P.I.Khot, the deceased stated that her husband was suspecting her fidelity and at 9.45 p.m. he had poured kerosene on her sari and set it on fire. The said statement came to be treated as F.I.R. and the investigation proceeded on the basis of the same. According to the prosecution,Dr.Doshi (P.W. 5) examined the deceased at 11.30 p.m. on 12.10.1981 and the deceased told him that she had sustained burns due to pouring of kerosene at home by her husband. Dr.Shahaji Deshmukh (P.W. 9) also examined the deceased. According to the prosecution, the deceased told him that her husband had poured kerosene on her and burnt her and that is why she had sustained burn injuries.