VISHAL PRALHAD GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 25/3/2010 passed by the learned 4th Ad-hoc Additional Sessions Judge, City Sessions Court, Sewree, Bombay in Sessions Case No. 541 of 2009 convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 1000/-, in default to undergo S.I. for six months.

(2.) The appellant was married to deceased - Aarti in December, 2008. After marriage, they started residing at Parksite, Vikhroli (W), Mumbai along with parents of the appellant. According to the prosecution, on the day of the incident, the sister-in-law of the deceased was also present in the house. The prosecution case is that the incident took place in the matrimonial house of deceased - Aarti. According to the panchanama, the house was admeasuring 12x17 ft., out of which 48 sq.ft. area was devoted to kitchen. The parents of the appellant were occupying room having a cot and the newly married couple were using area in front of the kitchen. They used to sleep in that area. On the earlier day of the incident, the deceased and the appellant were moving in the market area. At that time somebody from the crowd looked at deceased - Aarti and smiled. The appellant got disturbed and to some extent agitated. He raised queries with his wife and it seems that on this, some quarrel took place and thereafter couple reached their house. In the night at about 1.00 a.m. deceased suffered burn injuries. The father of the appellant tried to extinguish the fire by placing a quilt (Godhadi) on the person of the deceased. Though the appellant was present in the house, he did not intervene. On hearing shouts, the neighbours gathered. The parents/family members of the deceased, who were residing in the surrounding area reached the spot. The deceased was taken to a nearby hospital (Rajewadi Hospital) which is said to be at a distance of 5 to 6 km. from the house of the appellant. According to the medical papers placed on record, it is noticed that the deceased was admitted as inpatient with an endorsement of inpatient ward having burn injuries on 26/5/2009 at 2.10 a.m. The doctors attending at the relevant time started medical treatment. The doctor attending recorded in the register as "accidental burn" in the incident which took place around 1.00 a.m. at Vikhroli Parksite. The doctor further endorsed that there was no history of trauma/foul play and no any significant medical/surgical illness. The general condition was noted to be poor. The note shows that medicines, injections were prescribed by the Medical Officer.

(3.) The prosecution further suggested that on intimation given on phone from Rajewadi Hospital to PW 4 - PSI Devidas Narayan Shinde attached to Parksite Police Station, reached the hospital after taking station diary entry. The witness claims to have met the injured and doctor and enquired whether injured was in a position to depose. According to the witness, doctor told him that victim was in a position to speak. Accordingly, he obtained endorsement from the said doctor which is at Exh. 25. Thereafter PW 4 - PSI Shinde called Special Executive Officer (SEO) in the hospital. The SEO is PW 5 - Smt. Heera Jaganath Sonawane. She reached the hospital. According to PW 4, he recorded the statement of the injured in the presences of doctors and then PW 5 - SEO Sonawane also recorded the statement of injured - Aarti in question and answer form. PW 4 - PSI Shinde identified the statement recorded by him which is at Exhibit 26. Thereafter he went to the police station and registered an offence under Crime No. 163 of 2009 under Sections 307 and 323 read with Section 34 of the IPC.