STATE OF MAHARASHTRA Vs. SHANKAR SURAJLAL PARDESHI

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order of acquittal passed in Sessions Case No.384 of 1994 by the learned Additional Sessions Judge, Pune on 13th April, 1994.

(2.) THE prosecution case in brief is that the deceased Mangala was the wife of the accused Shankar. The accused was given to drinking and after consuming liquor he used to often quarrel with his wife and beat her. On 24th June, 1993 the accused returned from Nagpur at about 12:30 hours in the noon. He then went out and returned back to the house after sometime in a drunken condition. He started beating his daughter. When Mangala asked him as to why he is beating the child, he got agitated and started abusing and beating Mangala. the Accused then said that he will go away and started collecting his clothes. Mangala pleaded him not to leave the house. Thereupon the accused closed the door and poured kerosene on Mangala and gave her a match-box and then Mangala set herself on fire, whereby she sustained burn injuries. Her brother Chandrakant (PW-8) who was residing in the adjoining house came after seeing the flames. He saw Mangala burning. He extinguished the fire with the help of a quilt. When Chandrakant entered the house, accused ran away in underwear and banian. Chandrakant then took Mangala to Sassoon Hospital, Pune in an autorickshaw where she was admitted. Mangala was admitted at about 5.00 p.m. On examining Mangala, Dr.Mone found that she had sustained 88% burns practically all over the body. Sensing that the condition of Mangala was precarious, Dr.Mone informed the police to make arrangement for recording her dying declaration. He had also given her all the necessary emergency treatment.

(3.) THE FIR of the incident was dictated by Mangala to Head Constable Prabhakar Gaikwad (PW-8) at 8:45 p.m. This FIR is also a dying declaration and has crucial value. Hence, we propose to reproduce the same in its entirety as under :