NAVNATH GORAKH KAMBLE (LOHAR) Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred the present appeal against the Judgment and Order dated 21.3.2011 passed by the learned Ad-hoc Additional Sessions Judge, Solapur in Sessions Case No. 195 of 2009 convicting him, for the offence punishable Section 302 of the Indian Penal Code and sentenced to under go life imprisonment and to pay a fine of Rs. 5000/-, in default of payment of fine to further suffer imprisonment for three years and for offence punishable under Section 498A of the Indian Penal Code is sentenced to under go rigorous imprisonment for three years and to pay a fine of Rs. 1000/-, in default of payment of fine to further suffer imprisonment for six months.

(2.) Heard Shri. Khamkar, learned counsel for the appellant and the learned APP. Perused the entire record.

(3.) The prosecution case in brief is that, the deceased Smt. Parvati was the wife of the appellant. The date of incident is 31.2009 at about 9.00 a.m. The marriage between the appellant and deceased Smt. Parvati was solemnized five years prior to the date of incident and out of their wedlock two children have begotten. The appellant used to demand money for household reasons from the deceased and used to direct her to bring it from her parents. On earlier occasion the parents of the deceased had convinced the appellant to behave properly however, the appellant used to demand money and was constantly causing harassment to the deceased. The deceased earlier had left her matrimonial house and had been to her parents house because of the said harassment. That, the appellant had brought her back for cohabitation however, he continued with ill treatment and was constantly demanding money from the deceased to be brought from her parents. The deceased had told the appellant that, her parents are very poor and unable to fulfill his demands. That, on 31.2009 the in laws of the deceased had been to the farm. The appellant and deceased only were at home. The appellant told the deceased to go to her parents house and bring Jawar and money to which the deceased replied that, she will not do so and will not bring anything from her parents house. As soon as the deceased replied in the negative form the appellant initially assaulted her by hand and there after brought plastic can which was in the house and poured kerosene on her person and set her ablazed. The appellant went away after setting the deceased on fire. Due to the screams of the deceased the neighbors gathered at the scene of offence and extinguished the fire. The appellant also came back. One Dattatraya Lohar and the appellant thereafter brought the deceased to the hospital. After admission to the hospital her dying declaration (Exh.28) was recorded by P.H.C. Shri. Tatya Chandu Jadhav (PW No.8) at about 6.00 p.m. The second dying declaration (Exh.33) was also recorded by Shri. Shivraj Mangoli (PW No.10), Special Judicial Magistrate, Solapur at Civil Hospital at about 8.00 p.m where the deceased was admitted. Smt. Parvati expired on 18.5.2009 while under going treatment. After her death the offence was altered from Section 307 to 302 of the Indian Penal Code. Dr. Suryakant Kamble (P.W.12) performed the post mortem examination of the dead body of Smt. Parvati. He has given opinion as to the cause of probable death as "Shock and septicemia due to 55 % infected burns". After completion of investigation, the police submitted charge sheet in the Court of Judicial Magistrate First Class, Solapur.