ARVIND BHAU SHIRKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the Judgment and Order of the learned Additional Sessions Judge, Solapur in Sessions Case No.7 of 1983. The Accused Arvind alias Balya Shirke, Appellant herein was convicted by the Learned Trial Judge for committing murder of Shamshad by pouring kerosene and setting her on fire. He was sentenced to imprisonment for life.

(2.) THE prosecution case runs like this: Deceased Shamshad was married to one Gavner Bhagwan only four months prior to the incident. After the marriage she started residing with her husband Gavner and mother-in-law Mijaj in one room tenement in the house belonging to Dagadubai Dange (PW6) situate at Manglwedhe, District Solapur. Rehana is the daughter of Mijaj. She was married to a person from village Karjat but she had left her husband within a month or so and returned to her mother's house. It is alleged that Rehana had developed illicit relation with the accused Arvind alias Balya even before her marriage. The accused used to visit the house where Rehana was residing and this was not liked by the neighbours. The incident in question took place on 20th August 1982 at about 3.00 a.m. Shamshad and Rehana were sleeping in their room. Gavner was out of town for his business and Mijaj had gone to fruit market where she used to sleep in the night time. At about 2.30 a.m. Shamshad was awakened on hearing noise of the door of the room. At the time a kerosene lamp was burning in the room. In the light of that lamp Shamshad noticed that accused had entered the room. On seeing him she tried to raise shouts but the accused gagged her mouth with a piece of cloth and then it is alleged by the prosecution that by removing the ribbon from hair of the Shamshad the accused tied her both feet and hands and then he sprinkled kerosene from the lamp on her person and then threw the burning lamp on her and ran away. As a result Shamshad received extensive burns. She came out of the room and raised shouts for help. On hearing her shrikes neighbourers gathered and extinguished the fire. She was first taken to the dispensary of Dr. Gokhale and from there she was taken to Zilla Parishad Health Center, Manglwedhe. Dr. Yewale (PW 5) found nearly 50% burn injuries on her body. After giving her first aid he advised that she should be taken to Civil Hospital, Solapur. Simultaneously, Dr. Yewale sent intimation to PSI Manglwedhe Police Station. Upon receiving intimation about the incident, PSI Chavan ((PW 8) came to the Primary Health Center and enquired from the doctor whether Shamshad was in a fit condition to make statement. Dr. Yewale informed PSI Chavan that Shamshad is conscious and is in a position to make statement. Chavan then recorded the statement of Shamshad. The statement was attested by the doctor. That statement became the basis of the first information report in this case.

(3.) GOING backwards, it may be noted that PSI Chavan registered an offence pursuant to the FIR given by Shamshad under Section 307 of IPC. The accused was arrested on the same day. i.e. 20th August 1982. PSI Chavan carried the panchanama of scene of offence and attached the burned saree and petticoat and the kerosene lamp lying at the scene of offence under panchanama Exhibit 18. He also seized burned pieces of ribbon produced by the neighbour Dulhanbi (PW 4) vide panchanama Exh.20. After the death of Shamshad, Chavan effected inquest panchanama of her dead body. He also interrogated a number of witnesses including PW 4 Dulhanbi and PW 6 Dagadubai. After close of investigation PSI Chavan filed the chargesheet in the court of Judicial Magistrate, First Class. Eventually, the case committed to the Sessions Court.