2022:BHC-AS:23402-DB Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1117 OF 2015 Vijay Radhaji Bhandare Age : 47 years, Occ.: Labour Residing at Mulik Vasti, Survey No.14 Ramwadi, Pune.

(At present accused lodged in Yerwada Appellant Central Prison, Pune. (Convict No.C-16911) .. (Ori. Accused)

Versus The State of Maharashtra.

(At the instance of Yerwada Police Station Vide C.R. No.1 of 2011) .. Respondent Mr. Abhaykumar Apte, Advocate for the Appellant.

Mr. H.J. Dedhia, APP for the Respondent – State.

CORAM : A.S. GADKARI &

MILIND N. JADHAV, JJ.

RESERVED ON : 23^rd August 2022.

PRONOUNCED ON : 26^th September 2022.

JUDGMENT (PER MILIND N. JADHAV, J.)

. This Criminal Appeal questions the legality of Judgment and Order dated 10.11.2014 passed by learned Additional Sessions Judge, Pune in Sessions Case No. 347/2011 (for short “Trial Court”), convicting Appellant under Section 235(2) of Code of Criminal procedure, 1973 (for short “Cr.PC”), for offence punishable under Section 302 of the Indian Penal Code (for short “IPC”) and sentenced to suffer life imprisonment and to pay fine of Rs. 5,000/- (Rs. Five Thousand Only) in default thereof to suffer simple imprisonment for six months.

2. We have heard Mr. Abhaykumar Apte, learned Advocate for accused and Mr. H. J. Dedhia, learned APP for the State and with their able assistance perused the evidence and record in the present case.

3. Appellant is convicted for committing murder of his wife Sindhubai by setting her ablaze.

Prosecution case is based on oral dying declaration and two written dying declarations given by Sindhubai, which have been accepted by the Trial court for convicting Appellant. Appellant shall be hereinafter referred to as accused for convenience.

4. Facts which emerge from record of the case are as under:-

4.1 Deceased Sindhubai and accused were married since long and resided with their son Sumit (20 years old) at Mulik Vasti, Survey No.14 Ramwadi, Pune. Sindhubai worked as maid servant; Sumit worked as waiter in hotel Sodhi and accused is a mason. Accused was heavily addicted to drinking and used to question chastity of Sindhubai.

4.2 According to prosecution, on 31.12.2011 at about 04:30 p.m. Sindhubai reached home from work; at that time accused was present at home in drunken condition. He started abusing her and provoked a quarrel by accusing her that she had slept with some person. Thereafter Sindhubai kept a vessel on the stove for preparing tea, but in rage accused kicked the stove and accused Sindhubai of maintaining illicit relationship with Sumit (their son). Thereafter around 6:00 p.m. accused poured kerosene on Sindhubai and set her ablaze with a matchstick. On hearing her screams neighbours gathered at the spot and called Sumit. Sindhubai was taken to Sassoon Hospital by Sumit and neighbours.

4.3 On receiving information about crime, PW-6 PSI Pralhad Holkar from Yerewada Police Station, Pune rushed to hospital and recorded first dying declaration on 31.12.2012 at 11:45 p.m. (Exh. 33). Thereafter on 01.01.2013 at about 3:30 a.m. second dying declaration (Exh. 34) was recorded by him in the presence of DW-2. Both statements were duly endorsed by PW-7 Doctor. Sindhubai succumbed to her injuries on 02.01.2011 at about 06:30 a.m.

4.4 PW-5 - Mr. Suresh Gholap (Investigating Officer) took over investigation and visited the spot of incident and drew the spot panchanama (Exh. 26). He seized one bottle containing kerosene, one cloth and one wheel company matchstick box from the spot of the incident. Police Head Constable Mr. Saswade seized clothes of deceased and drew the inquest panchanama.

4.5 Autopsy of dead body of Sindhubai was performed by Dr. Ajay Taware (PW-4) and Dr. Chakurkar. Their opinion for cause of death was “shock due to burn.” PW 5 API Mr. Suresh Gholap arrested accused and recorded statements of witnesses. He forwarded the seized articles to the office of Chemical Analyser, Pune for C.A. Report. After completion