KASHINATH TAPLURE GOSAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant (original accused) who was a primary teacher was charged and tried for an offence under section 307 of the Indian Penal Code before the learned 5th Assistant Sessions Judge, Nasik, in Sessions Case No.188 of 1993.

(2.) USHABAI , the complainant, is the wife of the accused. Both of them were earlier married to different spouses, but the wife of the accused from earlier marriage died and the complainant had taken divorce. It is alleged that the accused was addicted to liquor. The accused used to quarrel and ill-treat the complainant. The accused had two daughters from his first wife and from the present wedlock between the accused and the complainant, they have a male child Mahendra who was about ten years old. It is the case of the prosecution that the accused, his wife Ushabai, the complainant, and son Mahendra were staying together. On 11th September 1993 in the evening the complainant prepared food. The accused came home under the influence of liquor as usual. There was quarrel between the complainant and her husband, the accused. The son Mahendra who had gone out for seeing television returned home at about 7.30 p.m. and as he found that his parents were quarreling, possibly out of sheer annoyance, he refused to eat anything and straight away went to bed. Despite having urged to take food by the complainant, the accused refused to have any food. Therefore, the complainant also did not take any food and he slept by the side of her son. The accused also slept in the very room, but at some distance. After sometime the accused suggested to the complainant that she should sleep by his side obviously for having an intercourse. The compliant told the accused that the son Mahendra had not fallen asleep and, therefore, he should wait. Upon this, the accused got enraged. He went inside brought a tin containing kerosene, abused the complainant, poured kerosene on the complainant and set her on fire. Mahendra got up and alarmed by the event tried to extinguish the fire caught by his mother. The complainant herself and Mahendra luckily extinguished the fire. The complainant changed the Sari and both of them ran to the house of one neighbour Keshavdas Bairagai (P.W.5). Crowd collected Somebody sent a message to the Police Patil who immediately arrived on the scene, made enquiries with the complainant and immediately proceeded to Lasalgaon police station. He informed the police. The police along with the Executive Magistrate and Police Patil came in a police jeep. The complainant was removed to a nearby Primary Health Centre where she was examined by the Medical Officer. At this centre, her formal complaint was recorded. At the advice of the Doctor at the Primary Health Centre, the complainant was removed to Civil Hospital. After registering the offence, the accused was arrested. Thereafter, the police completed the usual investigation of drawing of panchanama of the scene of offence, seizure of clothes and other articles and sent them of the Chemical Analyser as also obtained certificate of burn injuries suffered by the complainant.

(3.) THE learned trial Judge after considering the evidence discarded the defence of the accused and came to the conclusion that the prosecution has proved beyond doubt that the accused attempted to commit murder of his wife Ushabai and, accordingly, by his judgment and order dated 10th February 1994, the learned Judge convicted the accused for the offence under section 307 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.500/-, in default to suffer rigorous imprisonment for three months. Being aggrieved by the said judgment and order, the original accused has preferred this appeal.