KISAN BHAGWAN NARKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant challenges the judgment and order passed by the Additional Sessions Judge. Buldana, on 20-10-1993 in Sessions Case No. 84 of 1993 convicting the appellant for the offence punishable under Section 307 of I. P. C. and sentencing him to suffer R. I. for 10 years and to pay fine of Rs. 1,000/- in default to suffer further R. I. for one year.

(2.) THE appellant is charged for causing burn injuries to his wife Smt. Satyabhama, P. W. 2, on 2-5- 1993 at about 2 P. M. at village Shelapur, by pouring kerosene and setting her on fire. The appellant/accused and P. W. 2-Satyabhama were married 17-18 years prior to the date of incident. They have two sons. P. W. 2-Satyabhama has deposed that on the day of the incident early in the morning, the accused/appellant took tea and went away. At about 1. 30 P. M. , the accused returned. He was under the influence of alcohol. He started beating her. She went outside of the house for answering naturets call. The accused followed her running. He was having an axe. When she returned to her house and while she was taking entry in the house, the accused poured kerosene on her person near the door and demanded money from her. She told him that she would not give money to him. Thereafter, the accused lighted a match stick and set her person on fire. She was burning. The accused pushed her and poured water on her person and ran away. She has further stated that she was crying Save - Save. Her elder son Rajendra came there. She asked him to call Sarpanch of the village. Sarpanch came. She informed the Sarpanch about the incident. Then she was taken to hospital at Malkapur. Her dying declaration came to be recorded in the hospital. The Medical Officer, Malkapur referred her to General Hospital, Buldana, for further treatment. During her cross-examination, material omissions are brought on record about her crying Save- Save, that accused demanded money from her and accused gave beating to her. She had never complained with the relatives or the Police about the rude behaviour of the accused anytime during the span of 17-18 years. But, she volunteered that because there are two sons, she did not complain. She denied that she stated before the doctor at Malkapur that she sustained burn injuries due to accident.

(3.) THE learned counsel for the appellant has submitted that the prosecution failed to establish its case under Section 307 I. P. C. The material witness Rajendera, son of P. W. 2, is not examined.