PURAN BABU CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 20-8-1998 passed by the Additional Sessions Judge, Pune in Sessions Case No. 482 of 1994 convicting the appellant-accused under sections 302 and 498-A of Indian Penal Code to suffer rigorous imprisonment for life this appeal is filed on the grounds as mentioned in the memo of appeal as also verbally canvassed by the learned Counsel appearing on behalf of the appellant-accused.

(2.) THE prosecution story stated in brief is that: that the deceased was wife of the accused. The accused is a lepor and suffering from leprosy. He was suspecting the character of his wife. The suspicion was the root cause for the accused to ill treat his wife. The accused was addicted to consumption of liquor.

(3.) ON the fateful day there was quarrel between the accused and the deceased. At that time accused had consumed liquor. He poured kerosene on the person of deceased and set her on fire due to which she sustained burn injuries and was admitted in the hospital for treatment. Her dying declaration was recorded by Special Executive Magistrate and subsequently she succumbed to injuries. According to statement recorded the case was registered against the appellant-accused and he was arrested for offence under sections 498-A and 302 of Indian Penal Code. He was duly charge-sheeted and tried in Sessions Court at Pune.