STATE OF MAHARASHTRA Vs. UTTAM KARBHARI DHAGE

JUDGEMENT

(1.) THE appellant, aggrieved by the Judgment and order dated 30th June, 1984, passed by the Additional Sessions Judge, Nasik, in Sessions Case No. 43 of 1984, acquitting the respondents for the offences punishable under section 302 r/w 34 I. P. C. , has come up in appeal before us.

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

(3.) ON 11-4-1983 the respondents came to the house where Jijabai lived. They asked her to prepare food for them. At about 8. 30 p. m. or so, the respondent Uttam Karbhari Dhage enquired from Jijabai as to, whether she had completed the cooking. She replied that it would take some more time. Infuriated by this answer, respondent Bhaguji Dhage picked up a kerosene lamp and poured the kerosene oil therein on the sari of Jijabai and thereafter, respondent Uttam Dhage set her to fire with the same lamp. Jijabai got immediately engulfed in flames. She started raising cries hearing which, a large number of persons, including Dharma Dhemse, Police Patil (P. W. 1), her mother Sonyabai (P. W. 2), her land-lady Vithabai (P. W. 3), her aunt Shevantabai (P. W. 4) and Vasant Pabale (P. W. 5), whose wife was her cousin came at the place of incident. It is said that Jijabai made oral dying declarations in their presence. Dharma Dhemse advised that Jijabai should be immediately removed to Nasik. A rickshaw was brought and in the same Jijabai was taken to Nasik. It is said that Vasant Pabale and Shevantabai (P. W. 4) accompanied Jijabai in the rickshaw and came to Nasik.