MAROTI KASHINATH JADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been filed by the appellants/original accused Nos. 1, 2 & 3 challenging their conviction for offence punishable under section 302 read with sections 34 and 498-A read with section 34 of the Indian Penal Code and the sentence of imprisonment for life and each of the appellants to pay fine of Rs. 1,000/-, with a default stipulation of undergoing further R.I. of three months in the event of non payment of fine and R.I. for one year and each accused to pay fine of Rs. 500/- with a default condition of undergoing further R.I. for three months, by the Additional Sessions Judge, Basmat, by judgment dated 15.2.2007, in Sessions Trial No. 18 of 2005.

(2.) Such of the facts as are necessary for the decision of this appeal may briefly be stated thus :-

(3.) Upon registration of the offence, investigation came to be entrusted to P.W. 10 Ramsing Chiragiya, who was attached to the Basmath Police Station. He drew the scene of the offence panchnama at Exh. 31 in the presence of the panch witnesses and seized pieces of burnt sari, one match box and two burnt match sticks under the scene of the offence panchnama. He thereafter recorded the statements of witnesses. The appellants/ accused came to be arrested under arrest panchnamas at Exhs. 44, 45 and 46, respectively. During custodial interrogation, accused Maroti expressed his willingness to point out the place where the kerosene Can was hidden. Accordingly the memorandum statement of accused Maroti came to be drawn and accused Maroti led the police and the panch to a heap of dust in front of the house of Sitaram Jadhav and accordingly produced the kerosene Can which contained half litre of kerosene oil, which came to be seized vide panchnama at Exh. 33. After Radhabai had succumbed to her injuries, inquest panchnama came to be drawn at Exh. 34 in the presence of P.W. 7 Shriram. Dead body of deceased Radhabai was referred for post-mortem examination and post-mortem on the dead body of deceased Radhabai came to be performed by P.W. 4 Dr. Hemant Godbole. P.W. 4 Dr. Godbole noticed that deceased Radhabai had sustained 71% burn injuries. He, therefore, opined that cause of death was shock due to burns. The postmortem report is at Exh. 27. The seized articles came to be referred to the Chemical Analyser and upon completion of investigation a charge-sheet against the appellants came to be submitted.