KRUSHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused-appellant is challenging the order of conviction and sentence imposed upon him by the Additional Sessions Judge, Amravati on 26-7-1985 in Sessions Trial No. 109 of 1984, convicting him for the offence punishable under Section 306 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years, fine of Rs. 100/- or in default further rigorous imprisonment for one month.

(2.) The deceased Durga was the second wife of the accused-appellant. He has his first wife by name Mala. The deceased came to be married to the appellant about 10 years prior to the incident. After her marriage, she and her co-senior wife used to stay with the appellant. It is the prosecution case that there were some bickerings between these two co-wives. In the morning of the date of the incident i.e. 25-2-1984, there was an exchange of words between them on a cup of tea. As a result of that exchange the senior co-wife Mala left her martial house and went to stay with her sister-in-law at Mangrul.

(3.) While the deceased was at the house, there was some exchange of words between her and the appellant. It is the prosecution case that the appellant supplied a kerosene can full of kerosene to the deceased, as a result of which the deceased poured on her person the kerosene, kindled the match stick and set fire to her clothes. She then came running outside. This was in between 12 noon and 1 P.M. Persons assembled there on hearing the cries and flames were extinguished. The accused also participated in extinguishing the flames. The deceased was removed to Amravati and she was admitted to the Irwin Hospital in Ward No. 4. She suffered 100 p.c. burn injuries of second degree. Her dying declaration came to be recorded at about 10 p m. where she alleged that her husband instigated her and in pursuance of that instigation supplied a can of kerosene which she had poured on her person and set fire to her clothes. The deceased succumbed to her injuries at about 3 A.M. on the same night. The offence was registered on the basis of the dying declaration. It was investigated into and the charge-sheet was put up against the appellant.