NAMDEO LAXMAN SHERE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant Namdeo Shere is challenging the order of conviction and sentence passed by the one Ad hoc Additional Sessions Judge, Ambajogai in Sessions Case No.67 of 2005 decided on 18.7.2006; whereby the appellant was convicted of offences punishable under Sections 302 and 498A of the Indian Penal Code ad sentence of Rs.1,000 in default to undergo R.I. for 6 months for offence punishable under Section 302 of the Indian Penal Code; and sentence to suffer R.I. for 3 years and to pay a fine of Rs. 1.000 in default to undergo R.I. for 6 months for offence punishable under Section 498A of the Indian Penal Code.

(2.) Briefly stated, learned 1 Ad hoc Additional Sessions Judge, Ambajogai believed the story disclosed by the alleged eye-witnesses that the appellant was at his house with his wife Sundrabai and son Roman at village Hoal at about 6.00 to. 700 p.m. Smoke was coming out of the house of the accused and, therefore the attention of the eye-witnesses was attracted. It is also said that wife of PW2 Shrikrishna Shinde came to call him and he closed his shop and went there. The door of the house of accused was closed from inside. The door was knocked. It was the accused who opened the door. It is case of the prosecution that it was accused who had put both Sundrabai and Roman on fire and thus committed their murder. It is also said that the accused was demanding Rs.50,000 from his in-laws and for getting the said demand satisfied, he was harassing Sundrabai and thus the learned Ad hoc Additional Sessions Judge, Ambajogai convicted the appellant of offence punishable under Sections 302 and 498A of the Indian Penal Code.

(3.) In this case, in all 6 witnesses are examined. PW1 Hirabai is mother of deceased Sundrabai. PW 2 Shrikrishna Shinde is owner of the house in which the appellant was residing with his wife and son at village Hoal. PW3 Ramdas Shinde, PW4 Balasaheb Ghuge and PW 5 Babasaheb Gopalghare, who are neighbours are also eye-witnesses. PW 5 Dinkar Yekal is Head Constable who had recorded the complaint lodged by PW1 Hirabai. In his case, the investigating officer is not examined. Several documents are admitted under Section 494 of the Criminal Procedure Code. It is no more disputed that Sundrabai and Roman died as a result of burn injuries sustained by them on 11.5.2005 in the evening at about 6.00 to 7.00 p.m. Sundrabai had 96 per cent burn injuries; whereas Roman had 100 per cent burn injuries.