DADA MACHINDRA CHAUDHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants aggrieved by the judgment and order dated 25-7-1997 passed by the Additional Sessions Judge, Baramati in Sessions Case No. 14 of 1996, convicting and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- each, in default to undergo 9 months rigorous imprisonment for the offence under sections 302 read with 34 I. P. C. have come up in appeal before us. Along with the appellants were tried four others viz. Sau. Tai Tanaji Khade, Sau. Changuna Gorakh Chaudhar, Rajendra Gorakh Chaudhar and Samir Gorakh Chaudhar, but they have been acquitted vide the impugned judgment. The State of Maharashtra has not impugned their acquittal by preferring an appeal.

(2.) IN short the prosecution case runs as under : the deceased Fulabai Machindra Chaudhar was the second wife of Machindra Chaudhar P. W. 1. It is said that she had married Machindra three years prior to the incident and a year after the death of his first wife. Machindra and Fulabai at the time of the incident lived in village Ruighadane, taluka Baramati, within the limits of Police Station Baramaiti Dist. Pune. It is alleged that Machindra had three issues from his first wife-the appellants and acquitted accused Tanaji Khade. It is also said that the said persons, as also acquitted accused Changuna who was the brothers wife of Machindra and her sons Rajendra and Samiar, were not happy with Machindras second marriage. It is alleged that at the time of the incident Machindra and Fulabai were residing in the old house and the appellants in a newly constructed one. It is also stated that about 15 days prior to the incident a quarrel had taken place between Fulabai and her sister in law, acquitted accused Changuna over the supply of well water to agricultural field and Changuna had hurled abuses at Fulabai. On 28-9-1995 at about 7. 30 p. m. while Fulabai was having dinner at her house and her husband Machindra was sitting at Ranjan (a big earthen jar) in front of the house, the appellants and the acquitted accused came; broke open the door of the house; and started assaulting Fulabai with their hands. Thereafter on the instigation of Changunabai appellant Dada poured kerosene on Fulabai which was brought in a can by appellant Sharad and appellant Sharad set her on fire. Thereafter the appellants and others ran away. Her husband Machindra extinguished the fire and took her to Silver Jubilee Hospital, Baramati.

(3.) THE evidence of Dr. Mahadeo Swami P. W. 9 of Silver Jubilee Hospital, Baramati, shows that Fulabai was brought by Machindra in the hospital with burns at 8. 15 p. m. and had the following burn injuries: