GAJANAN WASUDEO GAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (hereinafter referred to as .the accused.) takes exception to the Judgment and order dated 31.1.2003 passed by the 3rd Additional Sessions Judge, Chandrapur in Sessions Trial No. 43/2002 convicting the accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1000/- and in default to undergo rigorous imprisonment for 3 months.

(2.) In nutshell, the prosecution case as under: On 12.1.2002, A.S.I. Kadarkhan who was working at the outpost defence under Bhadrawati Police Station received information that one lady in village Piparbodi was burnt at the house. He along with the Police Constable Nagarale went to the spot and noticed that one metador of Defence Factory had come on the spot. Annapurna wife of accused Gajanan was fully burnt. Kadarkhan with the help of other persons brought Annapurna in Rural Hospital, Bhadrawati in the said metador. Kadarkhan issued letter to the Medical Officer making inquiry whether Annapurna was in a position to give statement. Medical Officer certified that she was fit to give statement. Thereafter, Kadarkhan recorded the statement of Annapurna who stated that some ladies were depositing Rs. 20/- each as Bhisi amount and so she asked her husband for the amount of Rs. 20/- whereupon the accused got annoyed, poured kerosene on her person and set her on fire. The statement of Annapurna is at Exh. 29. Since the health of Annapurna was deteriorating the Medical Officer referred her to the General Hospital, Chandrapur for further medical treatment. Kadarkhan gave the statement of Annapurna in Police Station, Bhadrawati pursuant to which Crime No. 4/02 under Section 307 of the Indian Penal Code was registered against the accused.

(3.) On 13.1.2002 at about 00.30 hours the accused himself went to the Police Station, Bhadrawati. His hands were burnt and clothes were smelling of kerosene. The accused was arrested vide arrest panchanama Exh. 18 and his clothes were seized under the panchanama Exh. 17. The accused was referred for medical examination. Thereafter, P.I., Sharma proceeded to the spot and conducted spot panchanama Exh. 11. He also seized kerosene can and a match box with sticks, cover, one burnt stick of match box, one woolen shawl, pieces of burnt clothes, pieces of burnt sari and sample earth from the spot under the seizure panchanama Exh.12. The Investigating Officer gave a letter to the Executive Magistrate, Bhadrawati for recording statement of Annapurna. The Executive Magistrate Mr. Chandra Harshan Chahande (P.W.10) recorded the statement of Annapurnabai (Exh. 30) and forwarded the same to P.S.O. Bhadrawati. The Investigating Officer recorded the statement of several witnesses. On 19.1.2002 Annapurnabai expired in General Hospital, Chandrapur. Thereafter, Section 302 of the Indian Penal Code was added. All muddemal properties which were seized were sent to the office of the Chemical Analyser at Nagpur. The inquest panchanama was also conducted on the dead body of Annapurna and the body was sent for post-mortem examination which was conducted by Dr. Sarita Hajare. Dr. Sarita Hajare submitted post-mortem report Exh.33. After completion of the investigation charge sheet was filed against the accused under Section 302 of the Indian Penal Code in the Court of Judicial Magistrate, First Class, Bhadrawati. Since the offence was exclusively triable by the Court of Sessions the case was committed to the Sessions Court.