2025:BHC-AS:46509-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 434 OF 2021

WITH

INTERIM APPLICATION NO. 2646 OF 2025

WITH

INTERIM APPLICATION NO. 2758 OF 2025

WITH

INTERIM APPLICATION NO.3367 OF 2025

Sandeepkumar Pandharilal Yadav,

Age 28 years, Occupation – Nil,

Residing at Katkaripada,

Bhaudhara, Behind Ankarment School,

Chandansar Road, Virar (East),

District Palghar.

(At present in Amravati Central Prison) …..Appellant/Applicant

V/s.

The State Of Maharashtra

(Through Virar Police Station) …..Respondents

___________________________________

Ms. Payoshi Roy a/w Mr. Ulkesh Gangurde a/w Ms. Palak Dubey for the

Appellant/Applicant.

Mr. Vinod Chate APP, for the Respondent-State.

_____________________________________

CORAM : A. S. GADKARI AND

RANJITSINHA RAJA BHONSALE, JJ.

DATE : 19th SEPTEMBER, 2025.

JUDGMENT (Per A.S. Gadkari, J.).:-

1) Appellant is convicted under Section 302 of the Indian Penal Code (for short, “IPC”) for commission of murder of his wife Suman Yadav and is sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/-, in default of payment of fine to further suffer imprisonment for one month, by the learned Additional Sessions Judge-1, Vasai, in Sessions Case No.116 of 2014 by its Judgment and Order dated 28^th August, 2019. Appellant has impugned the said Judgment and Order by this Appeal under Section 374 of Cr.P.C..

2) Heard Ms. Roy, learned Advocate for the Appellant and Mr.

Chate, learned APP for the Respondent-State. Perused entire record.

3) The facts giving rise to file this Appeal can briefly be stated as under:-

3.1) The name of deceased is Suman Yadav, the wife of Appellant. The date and time of incident is 18^th May, 2014 at about 3.00 p.m. The place of incident is the house of Appellant.

3.2) It is the prosecution case that, on 18^th May, 2014 at about 3.00 p.m. Mr. Rahul Jadhav (PW No.4) was chitchatting with his friends near Anganwadi School. One woman came running near them, shouting for help. PW No.4 noticed that, her clothes and body was burnt and emitting smoke. PW No.4 and his friends covered the body of the said woman with a bed-sheet. Mrs. Usha Shelar (PW No.1), Mr. Govind Shelar (PW No.2)

and other persons had followed the said woman. One lady by name Mrs. Kamal Sule, inquired with the woman as to what happened to her. The said woman told them that, she had quarrel with her husband (Appellant) and her husband poured diesel on her person and set her on fire by igniting a match-stick. That, she pushed her husband and came out of her house.

3.3) An Ambulance was called by the persons present there. PW Nos.2 and 3 took the said woman to hospital by the said Ambulance. The name of the said woman was revealed as Suman Yadav. She succumbed to her injuries on 22^nd May, 2014 at about 10.14 pm., while undergoing treatment in the Shatabdi Hospital, Mumbai. The inquest punchanama (Exh-31) was conducted by PSI Shri. Sudhir Chavan (PW No.3). He forwarded the dead body of Suman Yadav for conducting postmortem along with his letter (Exh-32).

3.4) Dr. Lochan V. Patil, (PW No.5) conducted autopsy on the dead body of Suman Yadav on 24^th May, 2024 between 2.00 p.m. to 3.00 p.m. He noticed superficial to deep burn external injuries on various parts of the body of the said woman. The total burn injuries received by the said woman were 91%. PW No.5 opined that, all the said injuries were antemortem. He gave his opinion to the cause of death as “death due to septicemia due to extensive burns (90 to 95%), unnatural.” He accordingly issued provisional postmortem report (Exh-43) on the same day. PW No. 5 has also issued postmortem report (Exh-44).

3.5) After receipt of necessary reports from the Forensic Laboratory and completion of investigation, police filed charge-sheet in the Court of Judicial Magistrate, First Class, Vasai on 8^th December, 2014.

3.6) As the offence punishable under Section 302 of the IPC was exclusively triable by the Court of Sessions, the learned J.M.F.C. committed the s