JUDGMENT

VIBHA KANKANWADI, J.

1. Appellant – convict has been convicted by learned Additional Sessions Judge, Omerga, District-Osmanabad on 11th December 2014 in Sessions Case No.40 of 2013, after he was held guilty of committing an offence under Section 302 of the Indian Penal Code.

2. Informant Sham Ambaji Jadhav is resident of village Aloor, Taluka-Omerga, District-Osmanabad. Deceased Suvarna was his daughter. Suvarna was married to one Raju Mane about seven years prior to the First Information Report (for short “FIR”) i.e. 9th April 2013. After Suvarna became pregnant, differences arose between her and her husband and therefore informant Sham brought Suvarna to his house. She gave birth to son Shivraj and stayed with father for about two years. Thereafter, she erected a tin shed near the house of her father and started residing separately. She used to do labour work in the field of the appellant. According to the informant, Suvarna used to go to the field of the appellant daily and even appellant used to call her daily. When it was learnt by the informant Sham that Suvarna had developed love relationship with appellant, he and his wife had given advice to Suvarna about her behaviour, however Suvarna did not listen to them. According to the informant, the appellant started staying overnight in the house of Suvarna. He used to supply her the daily need articles. However, later on differences arose between appellant – accused and Suvarna. On that point also the informant and his wife had given understanding to both of them. However, the appellant – accused used to say to Suvarna that she should not talk to her parents, not to meet them, not to visit their house, and on that count he used to harass her. He was preventing Suvarna from meeting informant and family members. It is the further prosecution story that there was a function of Kanduri in the house of brother of the informant by name Ram Ambaji Jadhav on 4th April 2013. In connection with the said function, they were supposed to go village Aland. On that day, Suvarna also came for that function around 7.00 a.m. She was crying at that time, but by pacifying her, she was taken to Aland. Suvarna was telling the parents that the accused was threatening her stating that if she goes to Aland, she will not be kept alive by him. After the function was over, all of them returned to Aloor around 9.30 p.m. Suvarna waited in the house of her father for a while and in the meantime as accused gave her phone call, she left the house of informant along with her son in annoyance. When the informant and her family members were at home, they heard loud noise of the people around 11.30 p.m. and therefore, they saw towards the house of Suvarna. They saw fire in her house and therefore, they went running. They found Suvarna in totally burnt condition by the side of the door of the house and her son, aged 6 years, was crying by sitting on the cot. Informant’s brother Ram gave information to Police and thereafter Suvarna’s son told the informant and his wife that there was dispute between his mother and accused at night time and thereafter the accused had poured kerosene on the person of his mother and set ablaze her. Thereafter on 9th April 2013, the FIR came to be lodged.

3. After Ram – brother of the informant gave information to the Police, it was registered under Section 174 of the Code of Criminal Procedure and thereafter inquiry was started. Inquest panchnama was drawn and body was sent for postmortem. After the postmortem was carried out, panchnama of the spot has also been executed. After registration of the crime, statements of witnesses have been recorded, seized muddemal was sent for chemical analysis. Accused came to be arrested. After completion of the investigation, charge-sheet was filed.

4. After the committal of the case, learned Additional Sessions Judge, Omerga framed charge at Exhibit-6, for the offence punishable under Section 302 of the Indian Penal Code. Then trial has been