SANJAY VISHNU BARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been found guilty under section 302 of IPC and sentenced to suffer life imprisonment and to pay fine of Rs.5,000/- or in default further RI for 2 years by judgment and order dated 20/6/2011 delivered by Addl. Senior Judge, Malegoan.

(2.) Deceased Tai @ Lahanubai was wife of the appellant and it is claimed that on 8/3/2010 when she was cooking food for family accused blamed her for having illicit relations with his brother Kishore. He poured kerosene on her person and ignited her. Sari on her person caught fire. She rolled on ground and extinguished herself. People then admitted her initially to local hospital at Manmad and from there she was shifted to Civil Hospital at Nashik. Two Dying declarations have been recorded on 9/3/2010 and thereafter on 10/3/2010. FIR under section 307 of IPC was registered. She expired on 13/3/2010 and thereafter it was converted into offence punishable under section 302 of IPC. Accused was arrested on 10/3/2010 itself. Prosecution has relied upon evidence of 9 witnesses while accused examined one witness in his defence. Thereafter, the impugned judgment has been delivered.

(3.) Arguments of Advocate Lad for the appellant are prosecution has not completely investigated into the matter. There is no material to show that accused was present at his residence at the time of incident and deposition of witnesses about it are inconsistent with dying declarations. The prosecution has not examined the mother-in-law or the brother-in-law of deceased and has also not examined the child who was present with deceased in the house at the time of alleged incident. She contends that stove exploded and flames engulfed victim Lahanubai.