STATE OF MAHARASHTRA Vs. SANJAY APPARAO RAUT

JUDGEMENT

(1.) This is an appeal by the State, being aggrieved by the judgment and order of acquittal passed by Additional Sessions Judge, Osmanabad, in Sessions Case No.43 of 1989, decided on 30.8.1990, whereby present Respondent-accused is acquitted of the offence punishable under Sections 302 and 354 of the Indian Penal Code.

(2.) Briefly stated, the deceased Saraswatibai was the sister-in-law of present Respondent-accused Sanjay Apparao Raut. Husband of Saraswati, namely, DW-3 Dinkarrao was serving at the time of incident, at Omerga. Their marriage was performed 5-6 years before the incident that took place on the night between 11th and 12th April 1989. Saraswatibai had three children. The youngest one was four months old baby-boy at the time of incident. She had three brother-in-laws, namely, Bhaskar, Sanjay and Vijay. Since Dinkar was staying at Omerga for his services, deceased was residing with her in-laws, including the accused. On the night between 11th and 12th April 1989, after meals, Saraswatibai had gone to sleep. At about 2.00 a.m., Respondent-Sanjay is alleged to have come to her bed and requested her to allow him to have sexual intercourse. Since there was no electricity at that time, a burning oil lamp (chimni) was kept on the cupboard. It is said that due to refusal by Saraswatibai to have sexual intercourse, Respondent-accused got enraged, took the oil lamp and threw kerosene from the same on the person of Saraswatibai and set her on fire. This is the version in FIR proved at Exh.29. Thereafter, on hearing shouts of Saraswatibai, her in-laws, neighbour Dada Sonawane and others came and fire was extinguished and she was shifted to the General Hospital at Osmanabad.

(3.) As per the prosecution case, Dying Declarations of Saraswatibai were recorded by Iqbal Hussain (PW-1) and Head Constable Borade (PW-4). When they recorded the Dying Declarations, Dr. Suresh Rankhamb (PW-2) was present. Prosecution desires to rely upon those two Dying Declarations and also on oral Dying Declarations made by deceased Saraswatibai before her mother Gajrabai (PW-7) and brothers Uttareshwar (PW-8) and Manmath (PW-9).