THAKURDAS KISANCHAND DARYANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by the original accused is directed against the judgment and order dated 10-3-1993 passed by the Additional Sessions Judge, Nagpur in Sessions case No. 542/91. The learned Judge convicted the accused of the offence punishable under section 302 of the Indian Penal code and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs. 200/- i/d to suffer further r. I. for two months. Feeling aggrieved thereby, the accused has come in appeal.

(2.) THE deceased Devibai was the wife of the accused. Both of them were living together along with their son prakash P. W. 1 and two daughters, namely, Sonu and Vinu (P. W2) in Quetta Colony, Nagpur. According to the prosecution, the accused was unemployed and he was doing no work. He was addicted to the vice of drinking and he often used to harass and beat his wife Devibai. On some occasions he had even driven her out of the house. It appears that devibai was working in a private hospital. Prakash was also working in a liquor shop.

(3.) THE incident in question took place in the afternoon of 15-3-1991. On that day, Prakash had already left the house in the morning to attend his service. The accused and his wife Devibai were present in the house. Vinu P. W2, who was then studying in the sixth standard, returned home at about 10. 30 a. m. Thereafter at about 12 noon the elder daughter Sonu left for the school. It is alleged that on that morning there was a quarrel between the accused and devibai. The accused had consumed liquor and he was giving threats to kill Devibai. Vinu, realising that the accused was under the influence of drink advised her mother Devibai to keep quiet. It is further alleged that the accused started burning his own clothes and thereafter he repeated his threats to kill Devibai. Devibai prepared the meals and asked Vinu to take her food. Vinu, however, told her that she would not take her meals unless the mother had also taken her food. Devibai, however, advised her to take the meals and do her study. Thereafter Devibai went in the verandah and slept there on a chaddar. In the meantime the accused beat Vinu and repeated his threat to kill Devibai. It appears that thereafter Vinu left the house and started going to the house of one Punjabi who resides beyond two houses. According to the prosecution, the accused in the meantime poured kerosene on Devibai and set her on fire. Thereafter he followed Vinu and told her I have burnt your mother, don t put out the fire. Vinu, however, turned back and rushed in the house. She found that her mother was on fire. She then gave shouts in the name of her mother and thereafter poured some water on her to put out the fire. The accused had by that time left the house.