RANGASWAMI RAMASWAMI DEVENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant challenges the conviction and sentence rendered against him by the Additional Sessions Judge, Greater Bombay on 16th February, 1995 for R.I. for life having committed offence under Section 302 I.P.C.

(2.) ACCORDING to prosecution the deceased Kavita was residing with the appellant separate from the parents of the appellant. Kavita had a female child about 8 months. It is alleged that on the date of the incident, namely, on 9.8.1991 the appellant demanded Rs.5/- from the deceased for consuming liquor but she refused to give and on that count quarrel ensued between the deceased and the appellant and at the time of quarrel he poured kerosene on Kavita and set her on fire and Kavita consequently received burn injuries. Kavita then ran towards the house of her mother P.W. 3 Gauri Mani Devendra and narrated about the incident. Then P.W.3 took her inside the house and called P.W.5 Dr. Mehta and Dr. Mehta treated her and advised to admit late Kavita to Cooper Hospital. He applied some first aid to her.

(3.) P .W.9 Dr.Prashant Purandare also treated her in the surgical ward. He says that she was brought to the hospital on 10.8.1991 and was expired on 15.8.1991. She was having injuries on both her upper limbs and trunk i.e. chest and to her back and approximate percentage of burn was between 20 to 25%. He also deposed that the deceased had developed infection from which she could not recover inspite of medicines. He also deposed that such type of burn injuries are possible in case of accidental burn, in case of suicidal burn and in case of homicidal burn.