Angad v. The State of Maharashtra, (Through Police Station

Mr.GN Kulkarni, Adv. h/for Mr. AM Karad, Advocate for Appellant/accused; ***** Mr.SK Kadam, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 12th April, 2012. ORAL JUDGMENT: 1) Heard. While admitting the appeal on 7th February, 2000, challenging conviction recorded for an offence under Section 325 of Indian Penal Code, directing R.I. for four years and to pay a fine of Rs.1,000/-, this Court directed release of the appellant/accused on bail on his executing PR bond in the sum of Rs.10,000/- with one solvent surety in the like amount. 2 Cri. Appeal No.13/2000 2) The record illustrate, the accused/appellant did not avail the bail granted to him by this Court on 7th February, 2000 in Criminal Application No. 46/2000. 3) Fax message dated 6th June, 2006 is received from the Additional Sessions Judge, Parbhani, based on the communication from the jail authorities, that the accused remained in jail and has undergone the sentence and thereafter he has been discharged from jail. 4) Crime No.144/1993 was registered against the appellant for offences punishable under Sections 307 and 498A of IPC on the allegations that, he has doused kerosene on person of his wife – Sakhubai and set her ablaze at her parental house at Parbhnai. 5) On 20th April, 1994, Sakhubai expired and consequently, charge from Section 307 IPC was converted to the charge for offence punishable under Section 302 IPC. 6) On evaluation of the evidence, learned Sessions Judge found that the case against the accused could be one under Section 325 of IPC, instead of slapping conviction under Section 302 of IPC. 7) All the witnesses were put in. Brother of deceased Sakhubai, viz. Shrawan Laxman Katale – PW No.1; Dr.Vijaykumar Deonathrao Bade – PW No.2; Uttam 3 Cri. Appeal No.13/2000 Tulshiram Ingole – PW No.3, acted as panch witness for scene of offence; Mohd. Kabir Mohd. Majid, PHC B.No. 710 – PW No.4, recorded dying declaration of deceased Sakhubai. Executive Magistrate, who has recorded dying declaration of the deceased on

13.10.1993 was examined as PW No.5. Dying declaration was indeed proved by these two witnesses. Dr.Uttam Pundlikrao Kagne (PW No.6) attached to Civil Hospital, Parbhani, proved the endorsement on the dying declaration, informing that the deceased was in the state of consciousness and sound mind when her statement was recorded by the Executive Magistrate. 8) Evidence of Investigating officer (PW No.7) - Gopinath Yeshwantrao Sarode, established recording of the dying declaration; drawing of spot panchanama and recording of statements of the witnesses, under Section 161 Cr.P.C. 9) The learned Judge, on evaluation of both the dying declarations placed below Exhibit-26 and 31, informed that the accused, at the time of commission of offence, could have doused kerosene on the person of Sakhubai and then set her on fire. . The learned Judge has considered the medical evidence. The cause of death was shown to be "cardio respiratory failure due to protein energy mal- nutrition due to burn, with multiple burns contractures." 10) Post mortem notes at Exhibit-21 illustrate " old healed burn marks over face, anterior part of 4 Cri. Appeal No.13/2000 trunk, neck and upper part of abdomen; contractures were under neck muscles and face; old healed burns over upper posterior trunk; old healed scar on sacrum and occipital region. 11) Considering these features of the matter, conviction recorded by the learned Sessions Judge, converting it from the offence under Section 302 IPC to under Section 325 of IPC, and directing the accused/appellant to surfer punishment for a period of four years, does not call for interference. The appeal lacks merit, dismissed. sd/- (K.U.CHANDIWAL) JUDGE bdv/ Authentic copy