SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-accused (husband) is alleged to have abused his wife - Anusaya in a filthy language and quarreled with her on 05.05.2008 at 6.00 a.m. During the wordy quarrel, the appellant is alleged to have thrown a plastic bottle containing kerosene and lit a matchstick and set fire on her. Initially, the case was registered under Sections 307 IPC and 498 IPC in Crime No. 151 of 2008. Deceased-Anusaya succumbed to burn injuries and the case was altered to Section 302 IPC. The prosecution relied upon three dying declarations of the deceased-Anusaya. Based upon the dying declaration and other evidence adduced by the prosecution, the Trial Court convicted the appellant-accused under Section 302 IPC and sentenced him to undergo imprisonment for life. The Trial Court, however, acquitted the appellant under Section 498 IPC. Being aggrieved by the verdict of conviction, the appellant has preferred the appeal before the High Court. Before the High Court on the date of hearing, none appeared for the appellant-accused. However, the High Court proceeded to consider the appeal on merits and, thereafter, dismissed the appeal thereby affirming the conviction and the sentence of life imprisonment imposed upon the appellant-accused. Being aggrieved, the appellant has preferred this appeal.

(3.) We have heard Mr. A. Sirajudeen, learned senior counsel appearing on behalf of appellant as well as Mr. Nishant Ramakantrao Katneshwarkar, learned counsel appearing on behalf of the respondent-State of Maharashtra and perused the impugned judgment and other materials on record.