SANJAY BHILA MANDAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present criminal appeal is preferred by the appellant accused no.1 challenging the judgment and order dated 15.5.2007 passed by the Ad hoc Additional Sessions Judge, Malegaon, District Nasik. By the said impugned judgment and order only present appellant _ accused no.1 was convicted for the offence punishable under Section 307 of the Indian Penal Code (IPC) and was sentenced to suffer R.I.,for three years and fine of Rs. 1,000/-, in default further R.I., for three months. He was also convicted for the offence punishable under Section 498-A of the Indian Penal Code and was sentenced to suffer R.I.,for one year and fine of Rs.500/- in default further R.I., for one month. Directions were given for substantive sentences to run concurrently. Original accused Nos. 2 to 4, relatives of accused no.1, were acquitted of both the charges read with Section 34 of the I.P.C.

(2.) Being aggrieved by the impugned judgment and order, the appellant preferred the present appeal. Today, it is taken up for final hearing. When after waiting till second sitting none appeared for the appellant-accused who is in jail. The said accused is represented by his Advocate Shri Prashant Jadhav. The respondent-State of Maharashtra is represented by learned A.P.P. Mrs M. H. Mhatre.

(3.) Perused the appeal memo, also perused R and P of the matter and specifically depositions of four witnesses i.e.,the injured complainant, wife of the appellant- accused no.1, one Raghunath Borse, panch regarding scene of offence panchnama, where the complainant was set on fire by the appellant _ accused no.1 by pouring kerosene on her person and ignited her at their own house, P.W.3 Dr Chavan who examined the injured P.W.1 and found burn injuries and accordingly issued medical certificate. Last prosecution witness P.W.4 is A.P.I., Ghule (Investigating Officer). Perused documentary evidence such as the panchnama, medical certificate as to total 42% burns i.e., 10% burns on head and neck, 18% burns on chest and abdomen and 14% burns on the back of P.W.1. Also perused the C.A.,report as to finding of kerosene in the articles seized from the house of the accused. Though there is no opportunity to this Court to hear the arguments on behalf of the appellant, all such written submissions are found in the appeal memo in which it is specifically alleged that the Trial Sessions Court had wrongly appreciated the evidence brought before it. It is also ascertained from the grounds of appeal memo that one of the grounds mentioned indicate that P.W.1 complainant had herself ignited and set herself on fire after the appellant poured kerosene on her person. This point mentioned in the appeal memo shall be dealt with in detail herein at the appropriate stage, in order to ascertain the veracity of the said submission.