GANGARAM NAGORAO NARWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises out of Judgment rendered by learned Additional Sessions Judge, Udgir, in Sessions Case No.23 of 2003. By the impugned Judgment, appellant has been convicted for offence punishable under Section 326 of the I.P.C. and sentenced to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.5,000/- (Rs.Five thousand), in default, to suffer rigorous imprisonment for one year.

(2.) The appellant married deceased Sou.Shakuntala about 2/3 years prior to her death. She has left a minor male child born out of the wedlock. She died at village Aurad while she was in parents house, on 30.7.2003. The deceased Sou.Shakuntalabai was a young woman aged about 18/19 years and used to reside with the appellant at village Tondchir in Udgir Tahsil. Both of them used to work as manual labours.

(3.) The prosecution case was that the appellant is addicted to liquor drinking. While inebriated, he used to pick up quarrels with the wife. As usual, Sou.Shakuntalabai was engaged in cooking the food for evening meals at about 6.30 p.m., on February 9th, 2003. The appellant returned home in drunken condition. He started addressing obscenities to her without reason. She told him to stop giving abuses to her. Thereupon, all of a sudden, he picked up a burning kerosene oil lamp, opened the cock and threw kerosene on her saree. He immediately flung the burning oil lamp on her person. The saree was caught by fire and hence she stood up. She screamed for help. The appellant extinguished the fire by wrapping her person with help of a mattress. She sustained burn injuries on her chest, abdomen, hands and to some extent on the chin. She was rushed to Rural Hospital at Udgir in the same evening. The Medical Officer referred her to the Civil Hospital at Latur. Her statement was recorded by Police on 10.2.2003. She narrated the incident to the Police and, therefore, crime was registered for offences punishable under Section 307 and 504 of the I.P.C. against the appellant. The Medical Officer noticed that she had sustained 35% burn injuries. The Police drew a spot panchnama on 11.2.2003. The appellant was found absconding but was nabbed on 27.2.2003. The injured - Sou.Shakuntalabai was treated at Civil Hospital, Latur, for about one month. After she was discharged, her mother took her at her native village, viz., Aurad. While she was with her mother, Sou.Shakuntala died on 30.7.2003. The dead body was subjected to post mortem examination. The relevant post mortem notes were sent to the Police Station at Udgir (Rural) and thereafter, the appellant was charged with offence punishable under Section 302 of the I.P.C.