DILIP ARJUN DHAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 17.2.1995 passed by the Additional Sessions Judge, Solapur, in Sessions Case No. 136 of 1994, convicting and sentencing him to undergo rigorous imprisonment for life for the offence punishable under Section 302 of the I.P.C. has come up in appeal before us.

(2.) IN short the prosecution case runs as under : On 29.4.1994 at about 10.30 a.m. while the deceased Vithal Kamble was having tea along with Damu Chambhar, opposite Deepak Pan Merchant in Marias Chowk in Solapur the appellant came with a vessel containing petrol and threw petrol from the same on the person of Vithal Kamble. Thereafter the appellant set Vithal Kamble on fire with a match stick. Vithal Kamble raised cries hearing which P.H.C. Gade P.W. 3, constable Jadhav P.W. 7, Babu Koli P.W. 8, Udhav Mhaske P.W. 11 and some others came. Udhav Mhaske threw a gunny bag on the person of Vithal Kamble and some others poured water on him. Babu Koli enquired from Vithal Kamble as to how he had received burn injuries and he replied that the appellant had poured petrol on him and set him on fire. The evidence of Babu Koli shows that he took Vithal Kamble in a rickshaw and brought him to Civil Hospital, Solapur.

(3.) THE F.I.R. of the incident was registered on the basis of Vithal Kamble's statement recorded by P.H.C. Gade.