MADHUKAR GOPICHAND SAPATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) - The appellant having been convicted - of offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default to suffer further rigorous imprisonment for one month by the learned Additional Sessions Judge, Nagpur on 30,3. 1994 in Sessions Trial No. 743 of 1990 has challenged the said order of conviction and sentence in this appeal. The case of prosecution in brief is as below.

(2.) THE appellant was married to Usha daughter of Govinda Atkari, resident of Usargondi, District Bhandara. The marriage was performed about 2-3 years prior to the incident which took place on 18-7-1990 at about 7. 00 a. m. After marriage. Usha was residing at Sirsoli with the accused and had given birth to a child about two months prior to the incident. After initial marital life there used to be quarrels between Usha and the accused on petty matters and he was ill- treating her. There is, however no allegation that at any time there was any demand for non satisfaction of which quarrels took place.

(3.) ON 18-7-1990 at about 7. 00 a. m. accused asked Usha as to why she did not go to the field in order to work there It appears that the accused as well as his mother were agricultural labourers and so when Usha was asked as to why she had not gone to work in field, it is not known, whether it was with reference to his own field or somebody elsets field. Usha replied that she had some domestic work and she would not go. Usha refused to go to the field and work there and, therefore there was some quarrel. Accused was annoyed and so he poured kerosene on her person and lifted a burning fire wood from the hearth and set her on fire as a result of which she sustained 80 per cent bum injuries. After there was screaming and shouting the accused poured - water and extinguished fire. In the meantime neigbourers and relations gathered there including Ushas sister. Parvati, who resides at some distance from her house. Said Parvati is also given in marriage to a resident of village Sirsoli and their marriage was also performed on the same date. Mahadeo Mate (PW- 5 ). husband of P. W. 4 Parvatibai sister of Usha also reached there. She was taken to hospital by Mahadeo (PW 5 ). However at this stage itself, it is material to point out that there are two versions in this regard as according to Usha her two maternal uncles had come there and they brought her to the hospital. Usha was admitted in hospital as Bhandara and information was sent by Constable OR duty at Bhandara (City) Police Station after which P. S. I. Narkhede (PW 10) left for the General Hospital. In the information given on telephone by Constable Barewar, B/no. 24 it was stated that Usha wife of Madhukar Sapate was set on fire by her husband and was admitted in ward No. 17. Therefore, on coming to the hospital and contacting the Constable. PSI Narkhede went to ward No. 17. There he recorded statement of Usha in presence of doctor after getting certified from the doctor whether she was in a condition fit to give statement and doctor certifying to that effect. In the said statement also Usha stated that there was quarrel between her and her husband and she was asked to go to the field and bring grass. Her husband got annoyed because of her refusal and poured kerosene on her and set her on fire with the burning fire wood. When she was set on fire her, her mother-in-law was also inside the house. but as soon as she was set on fire mother-in-law went out of the house. Thereafter accused poured water and extinguished the fire and after about 2 hours her maternal uncles viz. Karuji and Akhaduji Panchabuddhe brought her in a vehicle to the Government Hospital. Bhandara and admitted her After recording this statement of Usha in hospital offence was registered at Police Station. Bhandara under Section 307 of the Indian Penal Code vide Crime No. 0/90. As the incident has taken place within the jurisdiction of Ramtek Police Station the matter was afterwards referred to Ramtek Police Station through Head Constable Sonwane for further investigation and Head Constable Mohammad Idrish who was on duty at Ramtek Police Station received the papers from Head Constable Sonwane and he registered the offence as Crime No. 178/90 under Section 307. IPC at, Ramtek Police Station after obtaining necessary endorsement of Constable Sonwane on F. I. R. that the papers are handed over by him to Head Constable Mohammad Idrish. After recording the statement of Usha and registering the offence. PSI Narkhede sent requisition (Exhibit 41) to the Taluqa Magistrate. Bhandara for recording dying declaration. On receipt of the same Executive Magistrate Sudhakar Ingulwar (PW 9) came to the hospital and met the Medical Officer on duty. He asked the Medical Officer regarding condition of the patient and after it was certified by the Medical Officer that the patient was in a condition fit to give statement he, recorded dying-declaration of Usha in which also she repeated in substance the same story which was earlier narrated by her. After completing the statement, the Magistrate again requested the Doctor to certify that Usha was still in a condition fit to give statement and certificate to that effect was also obtained.