SANTOSH NAMDEO CHORGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants who were original accused Nos. 1 and 4 in Sessions Case No. 611 of 1992 and were convicted under Section 302 read with Section 34 of IPC and sentenced to life have preferred this appeal against the order of their conviction and sentence.

(2.) ORIGINALLY there were four accused persons. Accused Nos.1, 2 and 3 are the brother and sisters while accused No.4 is the friend and neighbour of accused No.1. Appellant No.1 and original accused Nos. 2 and 3 were charged for the offence punishable under Section 498A read with Section 34 of IPC while all the accused including Appellant No.2 i.e. original accused No.4 were charged for the offence under Section 302 read with Section 34 of IPC for the murder of Shobha, wife of appellant No.1 on the night between 23rd May 1992 and 24th May 1992 at about 1-30 a.m. and alternately for the offence under Section 304-B read with Section 34 of IPC Original Accused Nos.2 and 3 were acquitted while the appellants were convicted for the offence under Section 302 read with Section 34 of IPC and both of them were sentenced to RI for life. Appellant No.1 was further sentenced to fine of Rs.1,000/- in default RI for three years and appellant No.2 was further sentenced to fine of Rs.500/- in default to suffer RI for one year. In addition Appellant No.1 was convicted under Section 498A of IPC and sentenced to RI for three years and to pay a fine of Rs.500/- in default to suffer RI for nine months.

(3.) ON the night of the incident between 23rd May and 24th May she was staying with her husband, appellant No.1. While she was fast asleep, in the midnight around 1 to 1-30 she felt that some liquid was being poured on her person and so she awoke from her sleep. When she saw the appellants pouring kerosene on her person and setting her on fire, she raised cries. Appellant No.1 then tried to run away. She, therefore, clung to him so that he should not escape. Hearing her cries accused No.2 i.e. her sister-in-law who was staying nearby rushed to her hut along with other neighbours who extinguished the fire. An auto-rickshaw was brought by accused No.2 and her father and the appellant No.1 who also got burns were taken to a private hospital called Sanjivani Hospital at Virar. Message was sent to Shobha's sister Asha, PW 4 about the burning of Shobha. As Shobha had received 95 to 100 percent burns, the doctor advised them to take her to Bhagwati hospital at Borivli. Shobha was, therefore, taken to Bhagwati hospital by local train from Virar to Borivli and thereafter in an auto rickshaw where she was admitted to Burns ward as indoor patient. In Bhagwati Hospital PSI Bagul from Kashimira Police Station was present. As PSI learnt that kerosene was poured on Shobha and set on fire by the appellants, he arranged for recording of her statement by Special Executive Magistrate Vishwakarma, PW 5. Her statement was recorded by SEM within short time after her admission in the Bhagwati hospital. The said statement is at Exhibit 45 which was endorsed by Dr. Khan, PW 10 who was attending to her in the hospital. Immediately thereafter PSI Bagul also recorded her statement which is at Exhibit 50. Shobha's sister Asha on being informed had come to Sanjivani Hospital and from there to Bhagwati hospital. She informed her brother PW 2 Ashok Chowdhary about the incident from Sanjivani Hospital. P.W. 2 first went to Sanjivani hospital and on being told that she had gone to Bhagwati Hospital came there where he learnt that Shobha had died. He then lodged the FIR with Vasai police station and the offence was registered under C.R. No. 123/92. Since Kashimira Police Station had already informed Vasai police station about the incident, Police Inspector Mane PW 9 had deputed constable Shinde to the scene of offence for keeping watch. Thereafter spot panchanama (Exhibit 17) was prepared. From the place of incident burnt quilt, burnt bed-sheet, empty kerosene can, match box, burnt match sticks, half burnt mat were attached. Appellant No.2 was arrested on the following day. Appellant No.1 Santosh, husband of deceased Shobha, who was initially admitted in Bhagwati hospital, was shifted to Jagjivan Ram Hospital of Railways at Bombay Central, as he was working in Railways, from where he was discharged on 16-6-1992 and after his discharge he came to be arrested. Original accused Nos.2 and 3, sisters of appellant No.1 were arrested on 4th June 1992. During the course of investigation the statements of various witnesses were recorded. The articles seized from the scene of offence were sent to CA. On 18th June 1992, the Investigating Officer recorded the statement of Ushatai, PW 3 who produced 13 letters which are Exhibits 24 to 36. Those letters were written by deceased Shobha to the said witness and were seized under panchanama Exhibit 52. The CA report (Exhibit 63) had detected kerosene on half burnt mat, half burnt quilt, half burnt bed-sheet, napkin and the clothes on the person of Shobha. After investigation was over, charge-sheet was filed in the Court of JMFC, Vasai and the case was committed to Sessions Court on 12-8-1992.