RAVINDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT questions legality and validity of judgment and order passed by 1st Ad-hoc Additional Sessions Judge, Akola in sessions Trial No. 102 of 2002 whereby learned trial Judge convicted appellant for the offence of murder punishable under section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine in the sura of rs. 500/-, in default, to suffer rigorous imprisonment for one month.

(2.) PROSECUTION case, briefly stated, is that deceased Girija was wife of appellant Ravindra, both residents of village Donwada, Taluka Akot, District akola. She was admitted in Government Hospital, Akola after she suffered burn injuries on 14-3-2002 at about 07. 00 am. She implicated her husband Ravindra bangar on the ground that he had poured kerosene on her person; set her on fire and ran away from the house. PW 4 Ashok Topre, P. C. B/no. 1783 registered crime No. 19/2002 under section 307 of the Indian Penal Code against Ravindra (appellant) at Dahihanda Police Station. Investigation was entrusted to PSI varadhe (PW 11) who proceeded to the spot and drew spot panchanama and conducted initial investigation. Injured Girija who was admitted in Government hospital, Akola expired on 17-3-2002 at about 10. 00 p. m. Inquest was held over dead body under panchanama drawn by Head Constable Kishor, B/no. 1825 from City Kotwali Police Station, Akola. The dead body was referred for postmortem examination done by Dr. Kalane (PW 5 ). Thus, upon receiving information as to death of Girija on 19-3-2002 offence punishable under section 302 of the Indian Penal Code was substituted/added. Appellant Ravindra was arrested on 23-3-2002. The articles seized during investigation were sent to chemical Analyser, Nagpur.

(3.) THE appellant was charge-sheeted in the Court of Judicial Magistrate, first Class, Akot who committed the case on 13-6-2002 to the Court of Sessions at Akola giving rise to Sessions Trial No. 102 of 2002. Charge was framed under section 302 and also under section 498a of the Indian Penal Code to which appellant pleaded not guilty and claimed trial.