MOHAMED HANIF ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises from the judgment and order dated 15th January, 1992 passed in Sessions Case no. 752 of 1990 by the learned Sessions Judge, mumbai. By the impugned judgment and order, the appellant has been held guilty of the offence punishable under Section 302 of the Indian penal Code and has been sentenced to undergo rigorous imprisonment for life. Pursuant to the appeal filed against the said impugned judgment and order, the appellant has been on bail.

(2.) It is the case of the prosecution that the deceased Farzana, after obtaining divorce from her first husband, got married with the appellant herein as his second wife. After her marriage, for some time, Farzana went to mumbra at her matrimonial house to stay along with the accused. However, soon she returned to her parents' house at Bandra, Mumbai. Though the accused continued to reside at mumbra, he had been visiting the parental house of Farzana at Bandra and occasionally used to stay with Farzana. There used to be quarrels between Farzana and the appellant on account of failure on the part of the appellant to provide necessary maintenance to Farzana. On the day of the incident i. e. on 18th May, 1990 at about 12. 30 noon hours, Farzana and the appellant were in the loft area of the said premises at bandra while the aunt and the grandfather of farzana were on the ground floor premises. Though the noise of quarrel between Farzana and the appellant was audible, nobody had paid attention to it as it was an usual happening on account of demand of money by Farzana from the accused. On the said occasion, Farzana demanded money from the appellant, however, latter refused to part with any amount to her. Out of frustration, Farzana collected some kerosene in a cooking utensil from the tank of the stove and poured the same on her body so as to attract attention of the accused. The accused however, did not pay any attention to her and on the contrary told her that "you may die. I do not care for you. Henceforth do not ask for money. " So saying, the accused picked up a match stick, lit it and threw it towards farzana. As the clothes worn by Farzana were already soaked with kerosene, the same caught fire. Farzana thereupon started shouting as she sustained burn injuries, while the accused quietly left the premises. Hearing the shouts, the aunt and grandfather of Farzana went to the loft area and extinguished the fire with the use of bedsheet and thereafter, Farzana was taken to the Cooper Hospital where she informed the doctors and others that she had poured kerosene on her body out of anger and frustration but it was the accused who set her on fire and thereafter left the premises. Her statement was recorded on 18th May, 1990 at 11. 00 p. m. and she was provided with necessary treatment in the hospital. However, she succumbed to her injuries on 22nd May, 1990 during early hours of the day.

(3.) The learned APP however, submitted that taking into consideration the entire evidence as a whole, no fault can be found with the findings arrived at by the learned sessions Judge regarding the offence having been committed by the appellant, and therefore, there is no case for interference in the impugned judgment.