DEORAO SONBAJI BHALERAO Vs. STATE OF MAHARAHSHTRA

JUDGEMENT

(1.) The two appellants in the instant appeal have challenged the judgment and order dated 30.11.2002 made by the II Ad hoc Additional Sessions Judge, Amravati, in S.T. No. 219/01, convicting both of them for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Rs.1,000/-, in default to suffer rigorous imprisonment for two months.

(2.) The prosecution case, in brief, is that appellant no.2 Kulbhushan and deceased Sunita Bhanse were residing at Ghatanji, district Yavatmal. Deceased Sunita was married to one Chandrakant Bhanse but she had developed extra marital relations with appellant no.2 and had left her husband. Appellant no.2 and Sunita came to Amravati and started residing as tenant in the house of Vishwanath Alone (P.W. 3). They stayed there for about 10- 15 days.

(3.) On the date of incident, i.e. 5.7.2001, at about 10 p.m., appellant no.1 Deorao- the father of appellant no.2 and his mother came to the house of appellant no.2 at Amravati. There was a quarrel between deceased Sunita and appellant no.1 because she was residing with appellant no.2. During quarrel, at about 11-15 p.m., appellant no.1 took out a container containing kerosene and sprinkled the same on the person of Sunita and thereafter appellant no.2 by means of a match stick set her on fire. She came out of the house in a burning condition raising cry. Vishwanath Alone (P.W. 3)- the owner of the house, noticed that both the appellants were running. With the help of other persons, Vishwanath extinguished fire by water.