SURESH RAMA SAKAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Additional Sessions Judge, Gr. Bombay, accepting the dying declaration, marked as Exhibit -5, recorded the finding of conviction against the appellant/accused for having committed murder of his wife Baina by setting her on fire on 11.9.92 at about 3.00 p.m. in their residential premises. Baina, before her death, has tendered 3 dying declarations which are consistent and implicate the accused as a person responsible for homicidal death.

(2.) THE sum and substance of the dying declaration is that her husband was addicted to liquor and mostly doing pick pocketing. She used to do miscellaneous work and usually used to collect scrap. Her husband always harassed her for extracting money for consuming liquor. On the date of incident, her husband again started abusing and started demanding money. He assaulted her. Baina (deceased) therefore, poured kerosene on her person with a threat that she may commit suicide. Thereupon, the appellant/accused lighted match stick and threw it on the person of Baina. Her clothes caught fire, she started shouting. Accused made attempt to extinguish the fire with a gunny bag. Their relatives removed her to the hospital. It is noticed that she sustained 55 per cent of burn injuries and ultimately she died after 5 days.

(3.) THE only question was what was the nature of offence? Defence tried to urge that the offence could not be punishable under Section 302 IPC for the following reasons: -