SANTOSH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Akola dtd. 8/9/2021 by which the appellant is convicted for the offence punishable under sec. 304 of the Indian Penal Code and directed to suffer rigorous imprisonment for a term of ten years along with fine of Rs.5,000.00. Though the appellant was charged for the offence punishable under Sec. 302 and 498-Aof the Indian Penal Code, the Trial Court instead of Sec. 302, held appellant guilty for the offence punishable under Sec. 304 of the Indian Penal Code and passed aforesaid mentioned sentence. The appellant was acquitted by the Trial Court for the offence punishable under Sec. 498-A of the Indian Penal Code.

(2.) The respondent/State has not challenged the appellant's acquittal for the offence punishable under Ss. 302 and 498-A of the Indian Penal Code. During trial, the Appellant was in jail.

(3.) The prosecution case in nut-shell is that the appellant got married with deceased Rekha and they had two issues from said wedlock. On 19/3/2015, in the afternoon, Rekha sustained burn injuries, hence she was admitted to the Irvin Hospital, Amravati. While she was taken to the Hospital, she made an oral dying declaration regarding cause of burns. While Rekha (deceased) was in the Hospital, her written dying declaration has been recorded by the Police Officer under the supervision of the Medical Officer. In her statement, Rekha disclosed that, due to quarrel, appellant/accused poured kerosene at her person and set her on fire. On the basis of said written dying declaration, the Police have initially registered a crime No. 25 of 2015 for the offence punishable under Sec. 307 of the Indian Penal Code. On the same day, i.e. on 19/3/2015, in the evening, Rekha succumbed to 95 percent burnt injuries, therefore, Sec. 302 of the Indian Penal Code, has been added.