RAKESH RAJAN NAYAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein was an accused in Sessions Case No. 343 of 2010, and who shall be hereinafter referred to as accused, has challenged the judgment dated 10th March, 2011 whereby the learned Addl. Sessions Judge, Pune has convicted him for the offence under Section 304(ii) of Indian Penal Code and sentenced him to undergo rigorous imprisonment of 7 years and to pay fine of Rs.5000/- in default to undergo simple imprisonment for three months.

(2.) The facts necessary to decide this appeal are as under:- The accused was married to Rohini Nayar and they were blessed with a girl child. On 5.10.2010 at about 21.30 hours, the accused came home with a bottle of thums up and liquor and started consuming liquor. When his wife Rohini told him not to consume alcohol, he flung a plate at her. He thereafter banged her head against the wall and threatened to kill her. It is alleged that the accused sprinkled kerosene over her and set her ablaze. The accused thereafter tried to extinguish the fire by pouring water on Rohini and later took her to Jeevandeep hospital. She was referred to YCM hospital and later to Sasoon Hospital. The Police Constable on duty at Sasoon hospital informed Chatursinghi Police Station that a patient with burn injuries was admitted in Sasoon Hospital. PI Shivaji Jawale came to the hospital and upon ascertaining that Rohini was in a fit condition to give a statement, he recorded her statement and registered crime no.623 of 2010 for the offences under Section 307 , 498A and 506 of Indian Penal Code.

(3.) PW7 Shivaji Jawale, PI, conducted the scene of offence panchanama and seized the clothes of the deceased as well as the other incriminating material found at the place of the incident. He recorded the statements of the parents of Rohini and other witnesses. The accused came to be arrested on 6.2.2010. Said Rohini expired on 11.2.2010 and as such the offence which was initially registered under Section 307 IPC was converted to Section 302 of IPC.