LAWS(BOM)-2004-9-79

PANDIT WAMAN MORE Vs. STATE OF MAHARASHTRA

Decided On September 30, 2004
PANDIT WAMAN MORE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE appellant-accused has been convicted for committing the offence punishable under Section 302 and Section 498 (A) (b) of the IPC as, after trial, the additional Sessions lodge, Kalyan, found him goilty of killing his wife deceased usha Pandit, on 8th November, 1996, in his house, by pouring kerosene and then setting her on fire.

(2.) WE have heard the Advocate for the appellant and the A. P. P. for the state. We have noted the grounds, as raised in the Memo of Appeal, as well as, the oral submissions made by the parties. We have perused the record and after re-appreciating the evidence, we are of the view that no case is made out by the appellant to interfere with the impugned judgment and order.

(3.) ON 8th November, 1996, at about 4. 45 p. m. , the appellant-accused poured kerosene on the person of his wife Usha Pandit and set her on fire, which resulted into her death. While she was admitted in the hospital, her dying declaration was recorded (Exhibit-13 ). The deceased had disclosed that the accused was in a habit of drinking liquor. The accused got annoyed as she refused to give Rs. 200/-, as demanded by him. The accused, therefore, lifted the kerosene can and poured kerosene on her person and set her on fire. Before this, the accused had sent all their children out of the house and closed the door and demanded the money. The accused immediately, after setting Usha on fire, opened the door and ran away Initially, after recording the dying declaration, the, fir was registered under Section 307, 498 (a), 323 (a) and 504 of IPC. Later on, after her death, the offence was also registered under Section 302 of IPC. After due investigation, accused was charge sheeted on 9th December, 1996. The accused denied the charges and pleaded not guilty. The defence was raised that the deceased Usha was burnt because of the bursting of the stove. The defence of dualibi was also raised.