- (1.) Leave granted.
(2.) This appeal arises out of the judgment of the Nagpur Bench of the Bombay High Court passed in Criminal Appeal No.343 of 2006 dated 2.2.2012 affirming the conviction of the appellant under Section 302 IPC and the sentence of life imprisonment imposed on him by the 5th Addl. Sessions Judge, Akola.
(3.) Briefly stated, case of prosecution is that the marriage of the appellant Santosh Pawar and deceased Saraswatibai was solemnized on 17.6.2005. Due to poverty, the deceased alongwith the accused was residing adjacent to her parental house situated at Ramji Nagar Boragonmanju in a rented house of one Kankale, since one month prior to the incident. The appellant and the deceased were earning their livelihood by doing daily wages work. On 4.9.2005 at about 6.00 A.M., the deceased Saraswatibai went to answer nature's call and on her return, the deceased was questioned by the appellant as to why she returned late and the accused suspected her fidelity. Inspite of deceased trying to convince the appellant, the appellant started assaulting her with fists and kicks. The appellant poured kerosene from a nearby lamp and set her ablaze. Saree of the deceased caught fire and the deceased ran towards the accused in an attempt to catch him, thereby burning the hands of the accused. When deceased started screaming for help, the appellant, in order to save her, poured water on the deceased. In the meanwhile, the neighbours and the parents of the deceased gathered and the deceased was taken to the hospital. On the way to the hospital, the deceased narrated the incident to her mother Gangabai-PW2 and sister-in-law-Sindhu Sunil Ingole (PW3) and also to neighbour Raju Janrao Gavai -PW1. On receipt of information about the occurrence, Sub Inspector of Police-Digmber Ramrao Ravrale (PW9) went to the Government Hospital and he verified the condition of the deceased through the Medical Officer. PW9 then recorded the statement of deceased- Ex.24, on the basis of which FIR was registered for the offence under Section 307 IPC. On requisition, PW7-the then Executive Magistrate, went to the hospital and satisfied himself about the fit mental condition of the deceased through Dr. Vijaya Madhuarrao Pawanikar-PW6 and thereafter PW7 recorded the dying declaration of deceased Saraswatibai. Saraswatibai succumbed to burn injuries on 12.09.2005. On the death of Saraswatibai, the FIR was altered to Section 302 IPC. Dr. Satish Udaybhanu Padhan-PW8 conducted autopsy on the body of deceased Saraswatibai and issued Ex.22- Post Mortem certificate. PW8 opined that the deceased died due to shock and septicaemia caused by 60% burn injuries. Inquest was held and on completion and further investigation, chargesheet was filed against the appellant under Section 302 IPC.;