DADA APPASAHEB KHOSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Additional Sessions Judge, Beed, in Sessions Case No. 87/1996, whereby the appellant has been convicted for offences punishable Under Sections 436, 323, 504, 506 of the I.P.C. and sentenced to suffer rigorous imprisonment for three (3) years and to pay fine of Rs. 1,000/- (Rupees one thousand), in default to suffer rigorous imprisonment for one month on the first count, rigorous imprisonment for three (3) months on the second count, rigorous imprisonment for three (3) months on the third count and rigorous imprisonment for three (3) months on the fourth count, with direction that the substantive sentences shall run concurrently.

(2.) Background facts leading to the prosecution are as follows:

(3.) In the morning of September 26, 1995, the appellant went to house of P.W. - Meera at about 8 a.m. He again demanded the money from her. She told him that her husband had gone out of station and she was unable to pay the money. The appellant lost balance of mind and started abusing her. He gave two slaps on her cheek. She then abused him. He was annoyed when she rebuked. All of a sudden, he took out a match box from the pocket of his shirt, lighted a match stick and set on fire to the thatched roof. The walls of the house were of mud and stones to the extent of about 4 fts. and there were thatched walls upward with a thatched roof of the dry leaves of sugarcane plants. The house was caught by fire. She raised hue and cry. Some persons residing in the vicinity rushed there and extinguished the fire. The farm house (Chhaphar) was, however, gutted in fire. The household articles, clothes, grains etc. were damaged or lost in the fire. An adjacent cattle shed of P.W. Gangubai also was partly damaged due to the fire. Thereafter P.W. - Meera went to the Police Station at Chaklamba, Tq. Gevrai in the same noon. She lodged the F.I.R. about the incident. The Police immediately reached the place of incident and conducted a spot panchanama. A match box was attached from the place of incident. On the basis of material collected during course of investigation, the appellant was charge-sheeted for offences punishable Under Sections 436, 323, 504 and 506 of the I.P.C.