SITARAM LAXMAN SAKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the judgment and order dated 8.6.1994 passed by the 3rd Additional Sessions Judge, Solapur, in Sessions Case No. 32/93 whereby he has been convicted and sentenced in the manner stated hereinafter:

(2.) IN short the prosecution case is that about 2 to 3 years prior to the incident the appellant was married to the victim Tuljabai P.W.2. After the marriage Tuljabai stayed with the appellant in his house situate in the town of Sholapur. It is said that along with the appellant his father Laxman, his mother Sau. Ambubai, his sister Krishnabai and his second wife Sonabai, all co-accused in the instant case, used to stay. It is alleged that since the appellant had no issue from Tuljabai he married co-accused Sonabai. It is said that the appellant was asking Tuljabai to bring some money from her parents and on her failure to do so she was ill treated and abused by the appellant and co-accused persons. On 5th May 1992 at about 5 p.m. the appellant, who was a carpenter by profession, returned to the house. At that time the four accused persons, referred to above, complained to him about Tuljabai. The appellant left the house and when he returned about 1 to 2 hours later he was under the influence of alcohol. Thereafter he started assaulting Tuljabai. At about 11 p.m. on the point of knife, after catching hold of her hair, he dragged her inside the room, sprinkled kerosene oil on her person and set her on fire. Tuljabai sustained burns as a consequence thereof. She immediately removed her sari and rushed to her parents house, which her evidence shows was situated very close by. The evidence is that Kaluram Choudhari, father of Tuljabai, immediately took Tuljabai to Civil Hospital, Sholapur.

(3.) THE FIR of the incident was recorded on the next day i.e. 6.5.1992, at 9.30 a.m. at Civil Hospital Sholapur, on the information given by victim Tuljabai. On its basis C.A. No.75/92 under sections 307/498A IPC was registered at 11.45 p.m. on the same day at Sadar Bazar Police Station. In the FIR it is alleged that the appellant poured kerosene oil on her and set her on fire. It is significant to point out that the dying declaration of Tuljabai was recorded on the morning of 6.5.1992 between 10.35 a.m. and 11 a.m. In the dying declaration she stated that the appellant poured kerosene oil on her and set her on fire.