WAMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant appeal calls-in-question the legality and propriety of impugned Judgment and order of conviction of the appellants-accused and resultant sentence awarded to them in Sessions Case No. 10 of 2012, rendered by the learned Additional Sessions Judge, Nilanga, District Latur, dated 16-01-2014. The appellant-accused were convicted for the offence punishable under Sections 147, 148, 323, 302 read with Section 149 of Indian Penal Code (IPC) and they all are sentenced to suffer Rigorous Imprisonment and to pay fine, as below :-

(2.) The scenario of the prosecution case culled out in brief is that the ill-fated deceased victim Sandhya was the wife of Janardhan Dnyanoba Dakare resident of village Bakali, Taluka Shirur-Anantpal, District Latur. He was eking livelihood by doing agricultural labour work and residing with wife Sandhya, children, etc. in the house allotted to his father under "Gharkul" Scheme of the Government. The appellants-accused were also the residents of same locality in the neighbourhood of house of victim- Sandhya. The relations between the family of appellantsaccused and the victim - Sandhya were strained following land dispute. It has been alleged that Janardhan, the husband of victim- Sandhya made encroachment on the open plot of accused by erecting plinth of the house of Aunt Trivenibai and on that count there were frequent quarrels in between family of appellants-accused and victim-Sandhya. The aunt - Trivenibai and others made endeavour to give understanding to the appellants-accused, but all efforts found unavailing. According to prosecution, on 09-01-2012 in the wee hours of night at about 12.30 a.m., the victim Sandhya was admitted in the Government Hospital, Latur for her 95% burns. After receipt of MLC from the hospital authority, the Police Personnel PHC - Shri Ranzunjare attended the burnt patient - Sandhya in the hospital and in consultation with concerned doctor recorded her statement to ascertain cause of her burns. The injured - Sandhya blamed the appellantsaccused and spill-the-beans that on 08-01-2012 the appellant-accused Waman Harge at about 9.00 a.m. in the morning, urinated in front of the door of her house. He was reprimanded by victim- Sandhya for such indecent act. But, taking umbrage of such scolding, all the appellants-accused arrived in front of the house of victim Sandhya in the night hours. They picked-up quarrel with victim Sandhya and her husband Janardhan. They started pelting stones and hurled the abuses. The victim - Sandhya and her husband-Janardhan were beaten-up by the appellants accused by fist and kicks. The appellant-accused Waman Saibu Harge and Gunwant Saibu Harge caught hold her husband Janardhan and confined him in the room. Thereafter, appellantsaccused poured the kerosene on the person of Victim-Sandhya and set her on fire. The mother-in-law Rukminibai and other neighbourers thronged at the spot. The husband - Janardhan was set free by opening the latch of door of room. The victim-Sandya was engulfed in flame. The husband and neighbourers doused the fire. Thereafter, victim Sandhya was escorted to the hospital for medical treatment.

(3.) Pursuant to the dying declaration of victim-Sandhya recorded by Police Personnel ASI - Mr. Ranzunjare, the Police of Shirur Anantpal Police Station registered the Crime No. 03 of 2012 under Sections 307, 323, 504, 147, 148, 149 of the IPC and set the penal law in motion. The services of Executive Magistrate Mr. Jogdand was also requisitioned. He visited to the victim- Sandhya and recorded her dying declaration in the hospital. She reproduced the cause of her burn and blamed the appellants-accused being author of her injuries. Investigating Officer visited to the spot of incident and drawn panchnama of scene of occurrence. He recovered one plastic kerosene can, burnt pieces of Sari, kerosene mixed earth and simple earth, match-stick box from the spot of incident. IO seized the weapon wooden stick at the behest of accused- Rajpal @ Madhav Harge. IO recorded statements of witnesses acquainted with facts of the case. Meanwhile, on 15-01-2012 during medical treatment the victim Sandhya succumbed to burn injuries. The police drawn inquest panchnama on the dead body of deceased Sandhya. The corpse of deceased Sandhya was referred to autopsy. PW-5 Dr. Dharamraj Dudde conducted the postmortem and opined that the death of deceased -Sandhya was caused due to shock following 95% burns. Thereafter, IO applied Section 302 of the IPC against appellantsaccused in this case. After compliance of procedural formalities, IO preferred the charge-sheet against the appellant-accused bearing Sessions Case No. 10 of 2012.