ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Ashok s/o. Ajabsing Pat il is chllenging the order of conviction and sentence passed by the learned Adhoc Additional Sessions Judge, Jalgaon in Sessions Case No. 205 of 2005 decided on 23 - 02-2007, whereby the appellant is convicted of offence punishable under Section 302 of the I. P. C. and sentenced to suffer imprisonment for life and to pay fine of Rs,500/- in default, to undergo rigorous imprisonment for one month.

(2.) Brief facts giving rise to this case are as follows;- Deceased Rat nabai had married the appellant seven years before the dat e of incident on 14-08-2005, She gave birth to son Jaydeep, who was about three years old. It is prosecution case that the appellant was addicted to liquor and used to ill treat Rat nabai, On 14-08-2005, in the morning, the appellant is said to have poured kerosene on the person of Rat nabai and set her on fire. She was first taken to the Municipal Hospital, Pachora by her in-laws, A. SX Vasant Pat il (P. W. 8) recorded her stat ement in presence of the doctor. Rat nabai said that it was accidental fire. Accordingly, accidental deat h was regtstered. P. W. 8-A. S. I. Pat il who was P. S,g, also issued letter to Executive Magistrat e Somnat h Pat il (P. W. 5) to record dying declarat ion of Rat nabai, Accordingly P. W. 5 Somnat h Pat il recorded the dying declaration. In the said dying declarat ion Rat nabai stat ed that on that day i. e. 14-08-2005 in the morning she had taken her son for answering nat ure's call and at that time the child started crying and therefore Rat nabai scolded him. At that time the appellant came from the back door and gave her kick and also beat her. He also removed her Mangalsutra, At that time, the wife of brother of the appellant intervened but the appellant could not be controlled by her. Thereafter, the appellant took Rs. 10/- from his mother and went away. The appellant came back after sometime and poured kerosene on her person and set her on fire. The incident had taken place at 8,00 a,m, at the house,

(3.) Dr. Dipti Paighan (P. W.6.) has performed post-mortem and she found 55 % superficial deep burns as follows:- Both hands - 15%, Chest - 9%, Abdomen - 9 %, Back - 18%, Face 4% = Total 55 % P. W. 6 -DR. Paighan came to the conclusion that the cause of deat h was hyporolumic shock due to burns (55% ).