JIVAN TULSIRAM DHAVALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, there are two appellants, namely Jivan and his wife Kanta. They were convicted by the trial Court for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and sentenced to undergo imprisonment for life and pay fine of Rs.1,000/-, in default to suffer rigorous imprisonment for one month.

(2.) The case of prosecution, in brief, is that deceased Sushila d/o Haribhau Dhavali and the appellants were neighbours residing at village Hingani (Buzurk) within the jurisdiction of police station Dahihanda. On the date of incident, namely 02.04.2002, appellant no.1 Jivan had fitted plastic pipe on the upper story of his house for taking water from the ground floor. On that day, in the evening, when Sushilabai returned from work she found plastic pipe fitted by appellant no.1. She, therefore, asked appellant no.1 to remove the said pipe. Appellant no.1 did not take out the said plastic pipe. Thereupon a quarrel ensued between Sushila on one hand and the appellants on the other hand. Sushilabai was beaten by the appellants and held and thereafter both the appellants poured kerosene on the person of Sushilabai and set her on fire and ran away. The neighbours came and extinguished the fire. Sushilabai was then admitted to the hospital. She had suffered 85% burn injuries. On the basis of dying declaration recorded by P.S.I. Madhukar Warade (P.W. 7) at Ex.32-A, offence under Section 307 of Indian Penal Code was registered.

(3.) The trial Court framed the charge against the appellants, to which they pleaded not guilty and claimed to be tried. Trial was held. The defence of the appellants was that though quarrel had taken place between them and Sushila over fitting of plastic pipe by appellant Jivan, the same ended after intervention of Rangrao and Satish and appellant Jivan had gone to his shop. Thereafter Sushila poured kerosene on her person and set herself on fire and thus she committed suicide.