STATE OF MAHARASHTRA Vs. SIDDHARTH ANANDRAO GAVAI

JUDGEMENT

(1.) This is an appeal against acquittal filed by the State challenging judgment and order dated 10-09-2008 passed by the Sessions Court, Akola (trial Court) in Sessions Trial No.162 of 2007, whereby the trial Court has acquitted the respondent for the offences punishable under Sections 498-A and 302 of the Indian Penal Code (IPC).

(2.) The prosecution case in brief was that on 06-08-2007, the respondent poured kerosene on his wife (deceased) and set her on fire causing 90% burns. It was also alleged that he used to ill-treat her and insist upon her to transfer the land standing in her name to his name. In order to support its case, the prosecution relied upon two dying declarations given by the deceased on the day of the incident. The first dying declaration was recorded by the Investigating Officer at about 7.45 am, while the second dying declaration was recorded by the Tahsildar at about 10.40 am. The victim died on the same day in the evening i.e. on 06-08-2007.

(3.) A perusal of the two dying declarations at Exhibits-24 and 58, shows that there is material variance in the details of the incident as stated by the deceased. In the first dying declaration recorded by the Investigating Officer (Exhibit-24), the deceased claimed that since the respondent (husband) had beaten her on the earlier date, she had gone to the house of her mother-in-law for sleeping. It was stated that when she was coming back to her house in the morning at 6.00 am on 06.08.2007, the respondent poured kerosene on her in the courtyard and set her on fire. Upon this her daughter came running and extinguished the fire.