DHANRAJ MOTIRAM GAVANDE Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Being aggrieved by judgment and order of conviction and sentence passed on 4.2.2003 by the Additional Sessions Judge, Amravati in Session Trial No.111/2002, the appellant, named above, has preferred this appeal. With the assistance of learned Counsel for the appellant and learned A.P.P. for the respondent, we have gone through the entire evidence that was adduced before the Trial Court, so also the documents.

(2.) Deceased Sadhna wife of Dhanraj Gawande, the appellant, was admitted in General Hospital, Amravati in burnt condition on 8.3.2002. Rajabhau Joshi (P.W.4) Executive Magistrate recorded her dying declaration at Exh.28 and forwarded the same to Police Station Nandgaon Peth, on the basis of which offence under Section 307 of Indian Penal Code came to be registered.

(3.) On 9.3.2002 P.S.I. Shoukat Ali attached to Nandgaon Police Station visited the victim Sadhna and recorded her statement. Thereafter, he proceeded to record spot panchanama and also attached burnt pieces of blouse and brassiere lying on the ground in the house, so also pieces of bangles and plastic can of kerosene with some other articles. On the next day the accused was arrested and his clothes in half burnt condition were also seized and, therefore, P.W.5 Shoukat Ali drew inquest panchanama. Post mortem was conducted which revealed 67% burn injuries. The report shows injuries were ante mortem. The articles which were seized from the spot were sent for the chemical analysis. The report of chemical analyser shows that empty plastic can, partly burnt blouse and brassiere, earth wrapped in the paper indicated positive signs of kerosene residues. F.I.R. (Exh.32) gives detailed version about the incident as narrated by the deceased Sadhna.