SITARAM SAHADU BORADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellant challenges the Judgment and order dated 8-3-1985 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No.273 of 1981, convicting and sentencing him to undergo R. I. for life for an offence under Section 302 IPC.

(2.) THE prosecution case in brief is as under:- THE deceased Suman was the daughter of Dhondiba Gopal Khilari PW 1 and Smt Laxmi Dhondiba Khilari PW 2.About six to seven years prior to the incident, she was married to the appellant. At the time of her death, she was residing with the appellant and her son Mangesh, along with her parents. Initially relations between Suman and the appellant were good but, subsequently they became sour as the appellant was suspecting her fidelity. On 11-3-1980, at about 3 . 30 p. m. Suman had lighted the stove to warm the milk for her son Mangesh. At that time, the appellant all of a sudden came from behind and pushed her on the burning stove resulting in her nylon sari catching fire. THEreafter, he ran away. She tried to extinguish the fire by removing her sari but before she could do that, she had received substantial burn injuries. At that time, nobody was present inside the house. Suman shouted for help whereupon her neighbours Sitaram Gunjal PW 3 and Smt Yashodabai Budhe PW 5 came and extinguished the fire and removed her to KEM Hospital.

(3.) ON the basis of the F. I. R. Inspector Madhusudan Joshi PW 11 at 8. 15 p. m. same day, registered C. R. No.103 of 1980 under Section 307 IPC against the appellant. It appears that same day, at 9. 30 p. m. Executive Magistrate Dhamji Parmar recorded the dying declaration of Suman wherein same averments have been made as in the F. I. R. Since the dying declaration recorded by the S. E. M. Parmar was not proved, the learned trial Judge, as mentioned by him in para 15 of the impugned Judgment, did not place any reliance it.