UMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dtd. 24/02/2022 in Sessions Case No.31/2013 by the learned Sessions Judge, Akola thereby convicting and sentencing both the appellants-accused for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code.

(2.) Briefly stated the facts of the case are as under : The deceased Suvarna Warankar died on 12/09/2012 due to burn injuries. When she was taken to the hospital, her statement was recorded. She has stated in her dying declaration that her husband and brother-in-law set her on fire as her husband was suspecting her character and asked her to give divorce and, therefore, in the morning on 12/09/2012 her brother-in-law caught hold her hands and the accused no.1, who is her husband, poured kerosene on her person and set her ablaze. She has specifically stated that she herself has not burnt her. The dying declaration was recorded by the Executive Magistrate i.e. Tahsildar. After recording the statement at about 8.30 pm, on the same day, she died. On the basis of said statement/dying declaration, the crime was registered by Sunil Solanke (PW-6), who was the in-charge of Balapur Police Station.

(3.) He has conducted the spot panchanama, recorded the statements of other witnesses and arrested the accused. The statement under Sec. 27 of the Indian Evidence Act was made by both the accused and their clothes, which were on their person on the date of incident, were recovered at the instance of both the accused. After completion of investigation, he has filed the chargesheet before the Court and it was committed to the Sessions Court.