KAMLABAI HARIBHAU LASTANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order of conviction dated 17.07.2018 passed the learned Sessions Judge, Amravati in Sessions Case No. 286/2013, whereby, the learned Sessions Judge, convicted appellant/accused - Sau. Kamlabai for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced her to suffer life imprisonment and to pay fine of Rs. 1000.00, in default to suffer further rigorous imprisonment for three years. The learned Sessions Judge also accorded the benefit of set off in terms of Sec. 428 of The Code of Criminal Procedure, since appellant was in jail from 25.04.2013 to 16.07.2013.

(2.) The factual matrix of the case is that the accused (Kamlabai) was mother-in-law of deceased - Sonu. One year preceding the incident, deceased Sonu married with the son of Kamlabai. As usual, after marriage deceased went to reside at her matrimonial house. There was matrimonial dispute due to which deceased and her husband were residing separately from their in-laws in the same house. Separate cooking arrangement was made in the same room. On 24.04.2013 in between 08.00 a.m. to 09.00 a.m., deceased sustained extensive burns, therefore, she was shifted to the General Hospital, Amravati. She was admitted to burn ward with 78% burn injuries. While Sonu was under treatment in the hospital, around 02.00 p.m at the request of Police, Executive Magistrate - PW-3 - Shri Mahale went to the hospital for recording her statement (dying declaration). Initially, PW-3 - Shri Mahale approached the then Medical Officer - PW-2 - Dr. Naidu and requested him to examine the patient about her physical and mental condition. Accordingly PW-2 - Dr. Naidu examined the patient and found that she was mentally and physically fit to give statement. Accordingly PW-3 - Executive Magistrate - Shri Mahale recorded statement of deceased as per her narration. Deceased disclosed in her statement that accused - Kamlabai poured kerosene on her person and set her on fire. On the very day i.e. on 24.04.2013 around 10.45 p.m, Sonu succumbed to burn injuries. On the following day, the dying declaration was treated as First Information Report and accordingly crime was registered vide Crime No. 52/2013 at 09.30 a.m. During course of investigation, Police visited the place of incident and drew Panchanama of the scene of offence (Exhibit 11). The inquest Panchanama was drawn on the dead body (Exhibit 17). Postmortem was conducted on the dead body of Sonu on the very day.

(3.) Sonu's hospitalization was telephonically informed to her parents and other relatives. In turn, all of them rushed to the hospital at Amravati. On inquiry, Sonu disclosed to her mother - Antakala Raut (PW-5) that while she was cooking, the accused poured kerosene on her person and set her on fire with the aid of match sticks. After completing the investigation, the Police submitted final report in terms of Sec. 173(2) of the Code of Criminal Procedure against the accused for commission of offence punishable under Sec. 302 of The Indian Penal Code.