- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court, Nagpur Bench, dismissing the appeal filed by the appellant. Appellant faced trial for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ). He was convicted by learned Ist Additional Sessions Judge, Nagpur and sentence of life imprisonment and fine of Rs.200/- with default stipulation was imposed. Appeal filed against the judgment, as noted above, was dismissed.
(3.) Prosecution version as unfolded during trial is as follows: The appellant-accused was tried on a charge of having committed murder of his wife Smt. Latabai (hereinafter referred to as deceased ) by pouring kerosene on her person and setting her ablaze in the night of 29.4.2003 i.e. at about 1.30 a.m. in the police quarters No. 203/3 at Raghuji Nagar, Sakkardara at Nagpur. Appellant-accused was residing in the said quarters along with his wife-the deceased and children. On the fateful night when the neighbouring residents, mostly police personnel were in their respective quarters and sleeping in the courtyards, they heard sound of the tape-recorder, which was being played by the appellant-accused, at about 1.30 a.m. in the night which awakened them. They heard the appellant-accused and his wife quarrelling and saw the appellant-accused dragging the deceased inside the house by holding her hands and after a short while they noticed the appellant-accused coming out of his quarters and shouting "Kaka Lata Mere Hatho se Mar Gai" and fled away. Thereafter, the neighbours entered the quarters of the appellant-accused and saw that Lata had caught fire. They tried to extinguish the fire, but, as she had sustained excessive burns before she could be removed to hospital, she died on the spot. Due to this incident, all the people in the neighbourhood had gathered at the place of the incident and report (Exh. 80) in the matter came to be lodged by Police constable Krishna Sadashiv Lute (P.W. 1) at Police Station Sakkardara. The said report was taken down in the proforma prescribed under Section 154 of the Code of Criminal Procedure, 1973 (in short the Code ) which is Exb. 19, by P.S.I. Kale (P.W. 11). P.S.I. Kale registered offence under Section 302 of IPC vide Crime No. 192/93 of Sakkardara Police Station. Thereafter, he visited the place of the incident and prepared the spot panchnama (Exb. 40) in the presence of the panchas. He noticed that deceased Lata was fully burnt and her neck was stretched towards her stomach and her hands were crouching, both her legs were drawn towards abdomen side. He also noticed partly burnt matters on her person which was little bit wet. In the kitchen, he noticed that there was a tin, which was containing some kerosene, match sticks and other material which he recorded in the spot panchanama and seized the Articles 1 to 7. P.S.I. Laxman Tighara (P.W. 9) took over the investigation of the case on 29.4.1993. He arrested the appellant-accused at about 7.00 p.m, who was found near statute of Tukdoji Maharaj, prepared the arrest panchanama and seized his clothes. The appellant-accused was referred to medical officer for his medical examination. In the course of investigation, the inquest Panchanama (Exb. 22) of the dead body of Latabai was prepared and dead body was sent to Department of Forensic Medicines, Medical College, Nagpur for conducting post mortem. The Medical Officer conducted the post mortem and gave the report (Exb. 31), which was admitted by the appel1ant-accused and, therefore, the prosecution did not examine any Medical Officer. The police recorded statement of witnesses in addition to completing the formalities of forwarding the articles, seized during the investigation, to the Chemical Analyser. After investigation was completed, charge- sheet came to be filed against the appellant-accused. His case was committed to the court of Sessions for trial. As accused pleaded innocence, he was put to trial.;