UTTAM TUKARAM KHUPSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by his conviction and sentence for the offence punishable under section 302 of Indian Penal Code, the original accused has approached this court by an appeal under section 374 (2) of the Code of Criminal Procedure. The appellant was tried for the offences punishable under sections 302, 498A of Indian Penal Code by Adhoc Additional Sessions Judge, Nanded. At the conclusion of the sessions case no. 149/05, the learned Judge was pleased to convict the appellant for offence punishable under section 302 of Indian Penal Code and he is sentenced to suffer imprisonment for life and fine Rs.500/- and in default, simple imprisonment for three months. He is acquitted so far as charge for the offence punishable under section 498A of Indian Penal Code is concerned. The judgment was rendered on 9-3-2006.

(2.) Prosecution story can be narrated in brief as follows :-

(3.) Learned Sessions Judge upon appreciation of evidence found that the story that accused set the victim Kantabai (his wife) on fire by using sweet oil and kerosene and caused her death was a consistent story narrated not only by the relatives of the victim but supported by evidence of independent witnesses and, therefore, he has arrived at conclusion that charge under section 302 of Indian Penal Code is brought home. So far as charge under section 498A of Indian Penal Code is concerned, the learned Judge has found that the story regarding demand of Rs.10,000/- was not convincing because the same was not narrated by some of the witnesses during their statements as recorded by the police. The learned Judge also found that plea of alibi raised by the accused was a weak defence, unsupported by any evidence; either by oral or documentary. Consequently, the learned Judge was pleased to record conviction for the offence under section 302 of the Indian Penal Code and acquittal so far as charge under section 498A of Indian Penal Code.