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2006 Supreme(SC) 1035

S.B.SINHA, MARKANDEY KATJU
Vithal – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

S.B. Sinha, J.—Appellant is a resident of village Wadigadri. The deceased Vishwanath was also resident of the said village. The deceased like the appellant was a driver by occupation. Eight to ten days prior to the date of incidence, an altercation took place between them. The appellant allegedly inflicted injuries on him with a knife. However, the matter did not proceed any further. On 24.11.1991, the deceased Vishwanath met the appellant who was then driving a vehicle. A quarrel took place between them in regard to demand of some amount. When Vishwanath was coming to his house, the appellant followed him. He was carrying with him kerosene in a container. He poured kerosene on him and lit a match stick resulting in sufferance of burn injuries by the deceased. Mother of the deceased Kesarbai (PW-8) was sitting in front of the house. She heard his shouts. She also identified the voice of the appellant. She rushed towards her house, found Vishwanath in flames and the appellant running away from the place.

2. Immediately, thereafter two brothers of the appellant, viz., Baburao and Rama on hearing the shouts came to the place of occurrence, extinguished the fire and took the dec
































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