JUDGMENT :

Shreeram V. Shirsat, J.

1. The present Appeals have been filed by the Appellants challenging the impugned Judgment and Order dated 16.07.2019 passed by the Additional Sessions Judge-1, Vasai in Sessions Case no. 98/2017 whereby the Appellants have been convicted under section 235(2) of Cr.P.C. for the offences punishable under section 302 r/w 34 of the Indian Penal Code (IPC), 1860 and have been sentenced to undergo Imprisonment for life and pay a fine of Rs. 1,000/- and in default to undergo Rigorous Imprisonment for 1 month.

2. Although the Appellants have preferred two separate appeals, both the Appeals are being disposed of by a common order since the Appellants are convicted vide common judgment and order dated 16/7/2019 passed by the Additional Sessions Judge-1, Vasai in Sessions Case no. 98/2017. For the sake of brevity and contextual convenience, the Appellants are referred herein as to Appellant No 1 who is Accused No 1 Manoj Ramji Chavre and who has preferred Appeal No 108/2020 and Appellant No 2 who is Accused No 2 Baburao Nimbaji Yesenkar and who has preferred Appeal No 1195/2023.

3. Brief facts of the prosecution’s case are as under:

a) On 26/06/2017, a First Information Report came to be registered based on the statement of the deceased Anita Gajanan Wankhede, aged 33 years, recorded by the police at Sir D.M. Petit Municipal Hospital, Vasai. It is the case of the prosecution that the deceased was residing with Accused No. 1 Manoj Ramaji Chavare and Accused No. 2 Baburao Nimbaji Yesankar in a room at Wakanpada, Taluka- Vasai, District- Palghar. It is further the case that the deceased was in a love relationship with Accused No. 1 Manoj. It is further the case that there used to be frequent quarrels of Accused No. 1 Manoj with the deceased by suspecting her character.

b) It is further the case that on 26/06/2017 at about 11.00 a.m., the deceased had gone to Vasai Phata in search of work but could not find any and therefore returned home by 1.45 p.m. It is the case that Accused No. 1 questioned the deceased regarding her whereabouts, following which he started abusing and beating her. It is further the case that at about 4.00 p.m., the accused again raised a quarrel with the deceased, whereupon original Accused No. 2 (Baburao) poured kerosene on the deceased and pushed her onto the floor. It is further the case that when the deceased fell down, original Accused No. 1 (Manoj) threw a lit matchstick on her, thereby setting her ablaze. It is further the case that she raised an alarm and neighbouring persons gathered, following which she was taken to the hospital.

c) It is further the case that the deceased was admitted at Sir D.M. Petit Municipal Hospital, Vasai, where her statement was recorded on 26/06/2017 in the presence of Special Executive Magistrate Vidya Chetan Patil (P.W. 6) and Medical Officer Dr. Heena Sudhakar Chavne (P.W. 7), who endorsed that the deceased was conscious and oriented and in a fit condition to give her statement. Thereafter FIR came to be registered. The deceased thereafter succumbed to her burn injuries within 5 to 6 days of hospitalization.

d) Thereupon, the investigation was transferred to Waliv Police Station. Original Accused No. 1 Manoj was arrested on 04/07/2017 and Original Accused No. 2 Baburao was apprehended on 04/07/2017. Upon completion of investigation, a charge-sheet was filed against both accused for offences punishable under Sections 302, 307 read with 34 of the Indian Penal Code. The case was committed to the Court of Sessions, Vasai, being exclusively triable by the Sessions Court. Charges came to be framed against both the Accused/Appellants under Section 302 read with Section 34 of the Indian Penal Code, to which both the accused pleaded not guilty and claimed to be tried.

4. To bring home the guilt of the Accused-Appellant, the prosecution in all examined 08 witnesses (PW1 to PW8) :