STATE OF MAHARASHTRA Vs. TATYABA NAMDEO PATINGRAO

JUDGEMENT

(1.) THIS is an appeal filed by the State against acquittal of the respondents (original accused Nos. 1 and 2) under offence of murder of one deceased anusuyabai by the judgment by Addl. Sessions Judge, Nasik dated 7th December, 1984. The accused No. 1 is the son and accused No. 2 is his mother, the charge against them was that on the night between 29th and 30th Jan. 1984 at about 2. 30 a. m. they have committed murder of Anusuyabai, wife of accused No. 1 by means of pouring kerosene on her body and setting her on fire.

(2.) ACCORDING to the prosecution case, Tatyaba who was serving as postman owned house and land in village Saygaon which was six miles away from Yeola where he was working. It is the case of the prosecution that in the portion of the house belonging to accused P. W. 9 Hirabai was residing as a tenant. Hirabai was given in marriage at village Babhuleshwar about 10-12 years back but as she was suffering from fits, her husband deserted her and since then she was residing with her mother P. W. 8 Savitribai. Savitribai who was staying with her son and his wife, hirabai stayed with them for about 2. 1/2 years. However, as Hirabai could not pull on well with her brother's wife, she decided to stay separately. Few months before the incident, she taken on rent a room of the accused and started staying alone. But mother P. W 8 Savitribai used to go for her protection and company at night for sleeping. Savitribai and Hirabai appears to be distantly related to deceased anusuya. According to the prosecution, accused No. 1 Tatyaba wanted to marry his maternal uncle's daughter and therefore, both accused started harassing anusuyabai. At times, quarrels picked up between them. Accused No. 1used to insist Anusuyabai to leave his house and go to reside with her parent's house but she refused. The incidents of such quarrels were disclosed by Anusuyabai to P. W. 6 laxmibai when both of them used to go for about work in the fields of others. Savitribai also saw the daughter of the maternal uncle of accused No. 1 often visiting his house. Thus according to the prosecution, both the accused were harassing and ill-treating Anusuyabai.

(3.) ON 29/1/1984, accused No. 1 Tatyaba and Anusuyabai went to bed inside the house with their son Santosh while accused No. 2 Laxmibai slept in front of the house in the open space. P. W. 8 Savitribai and P. W. 9 Hirabai were also sleeping in the adjoining room which was separated by a wall having the height of about 5 ft. The portion about 5 ft. upto the roof was open. Further more, there was entrance in this wall adjoining both rooms but it was closed by wooden planks. At the midnight, P. W. 8 Savitribai and P. W. 9 Hirabai were awakened by the cries of anusuyabai and immediately they saw light of the fire from above the partition wall. As such, they came out of the house and then found accused no. 2 standing in front of the house and the door of their house was latched from outside. Thereafter, accused No. 2 asked accused No. 1 to open the door and thereupon accused no. 1 came out with his son santosh and the door was again latched from outside. Savitribai and Hirabai then realized that Anunsuyabai was burning inside. Some neighbours also gathered. However, accused No. 2 did not allow Savitribai and hirabai as well as those neighbours to go inside the house. Because cf bum wounds and pains therefrom, Anusuyabai broke open the entrance closed by wooden planks and entered the room of Hirabai and thereform came out side. She was found having bum wounds and her body still burning. Hirabai therefore, tried to extinguish the fire by putting quilt upon her, but Anusuyabai escaped and then fell into the gutter near that house. She rolled in the gutter to get the fire extinguished on her body. She got up and ran by the road in the village and ultimately came to the house of P. W. 5 Nagu Bala which is located in the locality known as Bhilati.