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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.286 OF 2015

Sandip Prakash Rathod,

Age-30 yeas, Occupation:Agricultural,

R/o-Pimperkhed, Tq-Mantha,

District-Jalna.

...APPELLANT

(Orig. Accused No.1)

VERSUS

The State of Maharashtra

...RESPONDENT

...

Mr.Joydeep Chatterji Advocate for Appellant.

Mr.S.J. Salgare, A.P.P. for Respondent-State.

...

CORAM: SMT. VIBHA KANKANWADI AND

RAJESH S. PATIL, JJ.

DATE OF RESERVING JUDGMENT : 29^th JULY 2022

DATE OF PRONOUNCING JUDGMENT : 20^th DECEMBER 2022

JUDGMENT [PER SMT. VIBHA KANKANWADI, J.] :

1.

Appellant is the husband of deceased Kavita, who stood

prosecuted and convicted for committing offence punishable

under Section 302 of the Indian Penal Code in Sessions Case

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No.24 of 2014 by the learned Additional Sessions Judge, Jalna,

on 2^nd March 2015. He has been directed to undergo

imprisonment for life and to pay fine of Rs.1500/-, in default of

payment of fine, to suffer rigorous imprisonment for six months.

It will not be out of place to mention here that appellant is the

original accused No.1 and along with accused Nos.2 to 5, he

stood prosecuted for the offence punishable under Sections 302,

498-A read with Section 34 of the Indian Penal Code, however all

of them have been acquitted of the offence punishable under

Section 34 of the Indian Penal Code. Accused Nos.2 to 5 were

also acquitted of the offence punishable under Section 302 of the

Indian Penal Code.

2.

The prosecution story, in short, is that Kavita who was

aged 27 years, got married about 9 years prior to her death with

accused No.1 i.e. present appellant. She had a son, aged 8 years

and a daughter, aged six years. According to the prosecution, the

husband as well as the in-laws and other relatives of husband

i.e. in all accused Nos.1 to 5 used to raise suspicion over the

character of Kavita. She was assaulted and abused under the

influence of liquor. She was at home at about 11.00 a.m. on 17^th

September 2013 when accused No.1 had poured kerosene on

her person. Then Kavita got annoyed and abused the husband.

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The husband got annoyed with her and ignited the match stick

and set her to fire. Thereafter, accused Nos. 2 to 5 had

extinguished the fire and took her to Mantha Government

Hospital. She was then referred to Civil Hospital, Jalna. While

under treatment, she gave the dying declaration, which came to

be recorded by police head constable Rangrao Sardar. The said

dying declaration has been treated as First Information Report

and further investigation has been undertaken.

3.

Statements of witnesses have been recorded and at that

stage the offence was under Section 307 of the Indian Penal

Code and other Sections. But thereafter Kavita expired on 21^st

September 2013 and then, after drawing the inquest

panchnama, the dead body was sent for postmortem. After the

postmortem, the dead body was handed over to the relatives.

Statements of the relatives were recorded and prior to that

panchnama of the spot came to be executed. Certain articles

came to be seized from the spot. The seized articles were sent

for chemical analysis. Some of the accused persons came to be

arrested and others had obtained anticipatory bail. After

completion of the investigation, charge-sheet came to be filed.

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4.

After the committal of the case, the learned Additional

Sessions Judge framed charge against all the accused persons at

Exhibit-13 for the offence punishable under Sections 498-A, 302

read with Section 34 of the Indian Penal Code. All the accused

pleaded not guilty. Trial has been conducted. Prosecution has

examined in all eight witnesses to bring home the guilt of the

accused. After taking into con