MAHESH VASANT PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved with the order dated 4th May 2007 in Sessions Case No.53 of 2006, passed by the Additional Sessions Judge, Ratnagiri, by order dated 4th May 2007 convicting the accused Mahesh Pawar to undergo imprisonment for life and to pay a fine of Rs.1,000/- for the offence punishable under Section 302 of the Indian Penal Code, the Accused/ Appellant has challenged the same.

(2.) A quarrel occasioned at 10.00 a.m. on 16th August 2006 between Swati deceased wife of Accused Mahesh Pawar gave rise to her fatal death as, in the afternoon on the same day when the Accused/Appellant was sleeping in the room she took a can containing kerosene and doused the same on her person. At that time Accused Mahesh told her as to why she was threatening and he took match box from her hand and lightened the match box, and set the gown of Swati on fire. The witnesses tried to extinguish the fire by throwing water. The neighbours and the Accused took her to Civil Hospital, Ratnagiri. The Police Officers recorded the offence vide C.R.No.79 of 2006 against the Accused. During the investigation, dying declaration of said Swati was recorded by S.E.O. on 16.8.2006. Swati expired and consequently the charge was altered to 302 of I.P.C.

(3.) THE post-mortem notes at Exhibit 30 proved by PW-5 and admission of inquest by the Accused and tenor of cross examination establish that deceased met homicidal death due to 90% burns.