JAGANNATH KRISHNA DEDAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal assails the conviction and sentence recorded against the appellant for the alleged commission of the, offences punishable under Sections 302 and 342 of the Indian Penal Code.

(2.) DECEASED Kashibai was the daughter of Piraji Bhiva Khude of Godoli, Taluka and Distt. Satara. Her only living, relation form the parental side on the date of the occurrence was P.W. 9 Jagarinath, a labourer by profession. Twenty -two years prior to 1986, Kashibai was wedded to appellant. The couple had four children -three being daughters and the youngest being a son Arun who has been eained as P.W. 6. The appellant was working as a Peon in the I.T.I. at Karad. Saidapur is a suburb of Karad. The College afore -mentioned as also its hostel and a chawl owned by P.W. 5 Nivas are all at Saidapur. In Niva's chawl there were five apartments. One of these i.e. the one at the westernmost extreme was in the occupation of the appellant as a tenant. The location of the chawl and the I.T.I. building, etc., are shown with sufficient precision in the map at Exhibit II.

(3.) A .m. on 1 -2 -1986 Kashibai passed away and the post mortem examination on the corpse was performed on 2 -2 -1986 by Dr. Salunkhe. His notes are at exhibit 32. The appellant had been arrested near about 4 p.m. On his person were found a packet of bidis and a match -box. There were attached. There were bum marks on the hands of the appellant for which reason he also was sent to the Cottage hospital at Karad. The medical officer there found on the person of the appellant signs of burging. The certificate drawn up on that occasion is at exhibit 39. Having regard to the great distance of time between the occurence and 12 noon on 1 -2 -86 when the appellant was examined, he naturally showed no signs of having consumed or being under the influence of alcohol. The negative certificate to that effect is at Exhibit 44. The investigation completed, a charge -sheet was put up, and, after the usual committal proceedings the appellant found himself in the dock before the Sessions Judge at Satara. 4. To the charge of having killed his wife by burning, the appellant pleaded not guilty. It was not correct to say that the relations between him and Kashibai were strained or that he was given to vices like drinking, womanising or squandering money. What had happened was, that, on the night of 31 -1 -1986 he, his wife and Arun took dinner where after he went out for purchasing a paan. Within 20 minutes he heard Arun wailling. This brought him running to his house when he saw his wife in flames. It was he who stamped out the fire and hurriedly took Kashibai to the cottage Hospital. At about 11.30 that night he was arrested. Arun informed him that Kashibai had caught fire while warming some edible.