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REPORTABLE

IN THE SUPREME COUT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 683 OF 2015

(Arising out of S.L.P. (Crl.) No.5741/2013)

SANTOSH s/o SHANKAR PAWAR ...Appellant

Versus

STATE OF MAHARASHTRA ..Respondent

JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the judgment of the Nagpur

Bench of the Bombay High Court passed in Criminal Appeal

No.343 of 2006 dated 2.2.2012 affirming the conviction of the

appellant under Section 302 IPC and the sentence of life

imprisonment imposed on him by the 5 th Addl. Sessions Judge,

Akola.

3. Briefly stated, case of prosecution is that the marriage of

the appellant Santosh Pawar and deceased Saraswatibai was

solemnized on 17.6.2005. Due to poverty, the deceased alongwith

Signature Not Verified

the accused was residing adjacent to her parental house situated

Digitally signed by

Mahabir Singh

Date: 2015.04.21

16:36:39 IST

Reason:

at Ramji Nagar Boragonmanju in a rented house of one Kankale,

since one month prior to the incident. The appellant and the

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deceased were earning their livelihood by doing daily wages work.

On 4.9.2005 at about 6.00 A.M., the deceased Saraswatibai went

to answer nature’s call and on her return, the deceased was

questioned by the appellant as to why she returned late and the

accused suspected her fidelity. Inspite of deceased trying to

convince the appellant, the appellant started assaulting her with

fists and kicks. The appellant poured kerosene from a nearby

lamp and set her ablaze. Saree of the deceased caught fire and the

deceased ran towards the accused in an attempt to catch him,

thereby burning the hands of the accused. When deceased started

screaming for help, the appellant, in order to save her, poured

water on the deceased. In the meanwhile, the neighbours and the

parents of the deceased gathered and the deceased was taken to

the hospital. On the way to the hospital, the deceased narrated

the incident to her mother Gangabai-PW2 and

sister-in-law-Sindhu Sunil Ingole (PW3) and also to neighbour

Raju Janrao Gavai -PW1. On receipt of information about the

occurrence, Sub Inspector of Police-Digmber Ramrao Ravrale

(PW9) went to the Government Hospital and he verified the

condition of the deceased through the Medical Officer. PW9 then

recorded the statement of deceased-Ex.24, on the basis of which

FIR was registered for the offence under Section 307 IPC. On

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requisition, PW7-the then Executive Magistrate, went to the

hospital and satisfied himself about the fit mental condition of the

deceased through Dr. Vijaya Madhuarrao Pawanikar-PW6 and

thereafter PW7 recorded the dying declaration of deceased

Saraswatibai. Saraswatibai succumbed to burn injuries on

12.09.2005. On the death of Saraswatibai, the FIR was altered to

Section 302 IPC. Dr. Satish Udaybhanu Padhan-PW8 conducted

autopsy on the body of deceased Saraswatibai and issued

Ex.22-Post Mortem certificate. PW8 opined that the deceased died

due to shock and septicaemia caused by 60% burn injuries.

Inquest was held and on completion and further investigation,

chargesheet was filed against the appellant under Section 302 IPC.

4. To bring home the g