LAWS(BOM)-1999-12-72

KERBA MARUTI JAVALE Vs. STATE OF MAHARASHTRA

Decided On December 06, 1999
KERBA MARUTI JAVALE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 17-7-1995, passed by the Additional Sessions Judge, Kolhapur, in Sessions Case No. 52 of 1995, convicting and sentencing him to undergo imprisonment for life for an offence under section 302 IPC, has come in appeal before us.

(2.) SHORTLY stated, the prosecution case runs as under :- At the time of the incident, the deceased Chhaya was living with her daughters Malan PW 1 and Jyoti in Ichalkaranji. Her husband had left her some years before. Chhaya was having illicit relations with the appellant who often used to visit her. He used to also quarrel and beat her. On 29-9-1994, at about10. 30 p. m. Malan woke up hearing the quarrel between the appellant and Chhaya. She saw the appellant pouring kerosene oil on her and setting her on fire with a match-stick. Thereafter, she saw that the appellant tried to extinguish the fire and suffered burns in that process. Thereafter, the appellant ran away. Malan thereafter went to the house of her maternal uncles Dinesh PW 3 and Ganesh who only lived 2/3 houses away ; informed them about the incident ; and they with her came to the house of Chhaya where they found her lying in a burnt condition. They took her to the K. E. M. Hospital, Ichalkaranji. At the said hospital, Chhaya told Dinesh that the appellant had set her on fire.

(3.) EVIDENCE of API Shashikant Shinde PW 6 shows that at the time of the incident, he was working at Ichalkaranji police station and on 30-9-1994, at about1. 30 a. m. he received a telephonic message at his residence calling him at the police station. When he went to the police station, he found written requisitions Exhibit 22 and 23 and accordingly, went to the K. E. M. Hospital. He contacted Dr. Chougule and questioned him whether Chhaya was in a fit condition to make a statement. Dr. Chougule replied in the affirmative. Consequently, he took down the statement of Chhaya and obtained her thumb impression on each page of the said statement. The said statement according to the prosecution is the FIR. On the basis of the FIR, a case under section 307 IPC was registered against the appellant.