KALYAN BALASAHEB BARUNGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant who has been convicted by the learned IVth Additional Sessions judge, Solapur in Sessions Case No. 106 of 1994 for the offence punishable under section 302 of indian Penal Code and sentenced to life imprisonment for causing the death of his wife anita by burning her, has preferred this appeal before us.

(2.) FACTS set up by the prosecution, in brief, are these. Anita and her husband Kalyan (accused)and their little child were living together with the appellant s parents at village Nagobachi Wadi. The first informant Bhagawat (PW-2) is the father of Anita and is residing at Umerga. It is alleged by the prosecution that the accused was ill-treating Anita. He used to beat her under the influence of liquor. On 10th March, 1994 Anita suffered burn injuries at about 2:30 p. m. She was immediately removed to Jagdale Mama Hospital at barshi. There she was treated by Dr. Nimkar (PW-6)who found that she had suffered extensive burns over her chest, hands and right side back. Anita was shifted to General Hospital, Solapur on 11th march, 1994. She was hovering between life and death from 10th to 13th of March, 1994 and finally succumbed to her injuries at 6:45 p. m. on 13th march, 1994.

(3.) ACCORDING to the prosecution, Anita gave three dying declarations during this period viz. , ex. 23, Ex. 18-B and Ex. 40. The first dying declaration is Ex. 23. This is recorded by Special executive Magistrate Basappa Mallapa Kingi (PW-7)immediately after the incident. He has stated that on 10th March, 1994 at 7:30 p. m. he received the requisition from the police. He immediately rushed to the hospital. He ascertained from the doctor whether Anita was conscious. The doctor examined her and found her to be conscious. Thereafter he recorded the dying declaration in question and answer form. The questions and answers were read over to Anita and then her thumb impression was obtained. This was completed by 8:35 p. m. The special Executive Magistrate put his signature with date and time. Dr. Nimkar has endorsed the dying declaration with his signature. The version recorded in Ex. 23 is the following : On the date of the incident at about 3 O clock her husband went for milking the cattle and in the house she lit the stove for preparing tea when it suddenly blazed and the saree and petticoat on her person caught fire and in the process she received burns from thigh portion to neck and on the back on right side and both the hands. As she raised cries loudly, her husband, who was milking, came running and dropped a gunny bag on her and put out the fire. Thereafter her mother-in-law and husband rushed her to Jagdale Mama Hospital by a bullockcart for treatment.