- (1.) Present Criminal Appeal is directed against judgment and order dated 22.1.2004 passed by the 8th Add]. Sessions Judge, Pune in Sessions Case No. 174 of 2003 whereby the appellant was convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs. 1,000/-, in default, to suffer R.I. for one year.
(2.) Case of the prosecution, in brief, is as under:- The appellant is the husband of deceased Rekha Shendge. They had married 15 years prior to the incident. They had two daughters and a son out of their wedlock. The appellant was mason by occupation. Parents of the deceased Rekha were also residing in the same locality at Talajai Vasahat, Padmavati at Pune. Children of the appellant and Rekha (deceased) used to go with parents of the deceased for sleeping.
(3.) On the day of incident i.e. on 12.9.2002 deceased Rekha had gone to her parent's house on account of 'Gauri Pujan' festival. She returned home at about 00.30 a.m. when it was 13.9.2002. The appellant suspected her chastity because of her late arrival in the house. He got angry and accosted her raising suspicion upon her and assaulted her. When he asked Rekha to go out of the house, she refused to leave the house. Then the appellant took the plastic can containing kerosene and poured kerosene on her person and set her ablaze with a lighted match stick. The deceased Rekha raised shouts which attracted neighbourers. Meanwhile the appellant fled away from the scene. The persons from the neighbourhood, who gathered there, extinguished the fire and Rekha was taken to Hospital for medical treatment on account of burn injuries which she had sustained.;