S.S.SHINDE,J. - (1.) This Appeal is directed against the Judgment and order dated 11th May, 2001, passed by the Additional Sessions Judge, Aurangabad in Sessions Case No.317 of 2000 thereby convicting accused/ Appellant - Anwarkhan s/o Sandukhan Pathan for the offence punishable under Section 302 of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer imprisonment for life and to pay fine of Rs.1000/-, and in default, to suffer further simple imprisonment for five months, and further convicting him for the offence punishable under Section 498-A of the I.P. Code and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.500/-, and in default, to suffer simple imprisonment for three months.
(2.) The prosecution case, in brief, is as under:- A) Deceased Zakiyabee married with accused Anwarkhan 2 and 1/2 years prior to her death. She was daughter of PW-3 Khairunnisa Begum and PW-4 Bashirkhan, resident of village Kaelgaon, Tq- Sillod, and after marriage she was residing with accused at village Chawkawadi, Tahsil-Aurangqbad. It is the case of the prosecution that after marriage Zakiyabee could not bear any child for about 2 and 1/2 years and therefore accused was disliking her. The accused started torturing Zakiyabee by beating her and was also asking her to bring the sum of Rs.4000/- for purchasing a moped. The behaviour of accused was indifferent, even when there was marriage of younger sister of Zakiyabee. B) It is the case of the prosecution that, on 4th June, 2000, at about 7.00 a.m. accused prepared himself for going to his regular labour work in quarry, and at that time deceased Zakiyabee requested him, not to go for work on that day. On this, accused told deceased that he will not listen to her, she would go for work and she may do whatever she wants. Deceased replied that she will not do anything. Thereafter accused Anwarkhan inquired with deceased Zakiyabee, whether she would die if he goes on work on that day. Zakiyabee answered him that, there was no reason for her to die and why she should die. On hearing such reply from deceased Zakiyabee, accused got enraged, he then took can of kerosene and poured it on the person of Zakiyabee and set her on fire. Accused was standing there till Zikayabee caught fire all around. It is the case of the prosecution that Zakiyabee then came out of house and some persons gathered there and extinguished the fire. Thereafter Zakiyabee was shifted to hospital at Aurangabad. C) After Zakiyabee was shifted to hospital at Aurangabad, police attached to Government Medical College Hospital, recorded a medico-legal- case on the basis of information given by mother- in-law of Zakiyabee and communicated it to concerned police station at Phulambri. Police from the Police Station Phulambri immediately visited Zakiyabee and her statement was recored by A.S.P., PW-8 Vishwas Nangre Patil. Her statement also got recorded through Executive Magistrate, Shashikant Bomble, wherein aforesaid allegations were recited by the deceased. The police had even got video- graphy of the statement which deceased had made to Executive Magistrate and police. D) Initially, PW-3 Khairunnisa and PW-4 Bashirkhan were informed that deceased sustained burn injuries on account of the flaring-up of the stove, but when they visited the hospital, deceased made statement before them that it was the accused who had poured kerosene on her person and set her on fire. Deceased was alive till 8th June, 2000, and ultimately succumbed to the burns. PW-6 Dr. Tapse conducted the postmortem and found that deceased had about 71% burn injuries, and her injuries and death was on account of "septicemic shock", due to burns. E) Meanwhile ASP Nangre Patil had already registered the offence on the basis of the statement given by deceased, under Section-307 of the I.P. Code. He also effected panchnama of the spot. After the death of the deceased, investigation was converted to one under Section- 302 of the I.P. Code, and after completion of all the formalities, accused came to be charge-sheeted for aforesaid offences. F) A charge Exhibit-3, for an offence punishable under Sections 498-A, 302 of the I.P. Code was framed against the accused and the same was explained to him. The accused pleaded not guilty and claimed to be tried. The defence of accused is that he never ill-treated his wife Zakiyabee and she sustained burn injuries on account of the flaring-up of the stove, and he has been falsely implicated in this case by the parents of Zakiyabee.
(3.) After recording the evidence and conducting full fledged trial, the trial Court convicted accused for the offence punishable under Section 302 of the I.P. Code and sentenced him to suffer imprisonment for life and to pay a fine, as afore-stated. The trial Court also convicted accused for the offence punishable under Section 498-A of the I.P. Code and sentenced him to suffer rigorous imprisonment for two years and to pay fine, as afore-stated. Hence this Appeal by the accused.;