HIRALAL SHALIKRAM SHENDER Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Hiralal Shalikram Shender
STATE OF MAHARASHTRA
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ROHIT B.DEO,J. -
(1.) The appellant assails the judgment dated 15.10.2001 delivered by the 3rd Additional Sessions Judge, Nagpur in Sessions Trial 481/1998, by and under which, appellant is convicted of offence punishable under section 304 PartII of I.P.C. and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5000/.
(2.) Heard Shri H.G. Katekar (appointed), the learned counsel for the accused and Shri N.B. Jawade, the learned Additional Public Prosecutor for the respondent/State.
(3.) The prosecution case is that the deceased Sheela who was the wife of the accused and was employed as Sweeper in the Corporation, was set afire by the accused on 25.12.1996. The case of the prosecution is that on 25.12.1996 Sheela returned from her duty in the afternoon and cooked meal. The accused came home around 03:00 p.m. under the influence of liquor, and there was an altercation between the accused and Sheela. The altercation, according to the prosecution, took place as the accused was enraged that Sheela had cooked just Khichdi and Omelet and an incesed accused poured kerosene on the person of Sheela and set her afire. Sheela rushed out of the house shouting for help, neighbours rushed to her help, Sheela was rushed to the Meyo Hospital and initially acting on Sheela's report an offence under section 307 of I.P.C. came to be registered against the accused. Sheela however, expired while undergoing treatment in the hospital and an offence under section 302 of I.P.C. came to be registered against the accused.;
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