The High Court of Bombay dismissed the appeal filed by a life convict against his conviction for murder under Section 302 IPC, upholding the finding that the accused killed his wife by pouring kerosene on her.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.83 OF 2013
Ashok Maruti Deokar,
Age: 46 years, R/o. Deokar Mawadi,
Tal. Purandar, District Pune. ..Appellant.
V/s.
The state of Maharashtra
..Respondent.
Smt. Sarojini Upadhyay, Advocate appointed for the appellant. Mrs. A.S.Pai, A.P.P. for the respondent-State.
CORAM : SMT.V.K.TAHILRAMANI AND A.K. MENON, JJ. DATED : 30TH OCTOBER, 2014
ORAL JUDGMENT (PER SMT. V.K.TAHILRAMANI, J.)
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under section 302 of the Indian Penal Code and sentenced him to imprisonment for life and to pay a fine of Rs.2000/- i/d. to suffer R.I. for three months.
Deceased Sharada was the wife of the appellant. Sharada was married to the appellant more than 25 years prior to the incident. The appellant and the deceased had two daughters and a son. After the marriage, Sharada went to reside with the appellant at her matrimonial home at Deokar Mawadi, Taluka Purandar near Jejuri, Dist. Pune. At the time of the incident, the appellant was serving at Mumbai in the police department. The appellant used to occasionally visit village Deokar Mawadi after about every six months. The appellant was addicted to liquor. When he was under the influence of liquor, he used to abuse his wife Sharada.
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about 10.00 a.m. At that time, the appellant came home in an intoxicated state. Sharada asked him about the money he received after selling the cow, whereupon the appellant told her ' who are you to ask me, I have blown up the amount '. The appellant then took a can of kerosene and poured kerosene on Sharada and set her on fire with a match stick. On seeing that Sharada had caught fire, the appellant without trying to help her, ran away from the spot. PW1 Mangal was the neighbour of Sharada. Mangal was working in Masoom Sanstha (Organization). The said Sanstha helps ladies and fights for injustice caused to women and minors. PW3 Meena and PW4 Vatsala were also working in the said Sanstha. On seeing that Sharada had caught fire, Mangal sought the help of PW3 Meena. Meena went to the house of Sharada. Meena then went in search of a jeep to take Sharada for medical treatment. However, she did not get any vehicle. When she returned to the residence of Sharada, she found many persons from her Sanstha were present including PW4 Vatsala Deokar. They inquired with Sharada about what had happened. Sharada told them that her husband had sold a cow for Rs.10,000/- and her husband had not given her a single penny out of the said amount and on inquiry with him about the
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money, her husband told her that she is not supposed to inquire about the money and he will spend the money according to his wish. The appellant then poured kerosone on Sharada, set her on fire and ran away. While running, she attempted to catch the appellant but he escaped from her clutches. Police jeep arrived at the spot. Then PW3 Meena, PW4 Vatsala and others took Sharada in the police jeep to the Rural Hospital, Jejuri for medical treatment. While Sharada was in the Rural Hospital at Jejuri, PW6 P.I. Patil, recorded the dying declaration of Sharada which is at Exhibit-42. The said dying declaration was treated as FIR. Thereafter, investigation commenced. From the Rural Hospital, Jejuri, Sharada was shifted to Sassoon Hospital, Pune. Sharada expired in Sassoon Hospital. After completion of investigation, charge-sheet came to be filed. In due course of time, the case came to be committed to the Court of Sessions.
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Sessions Judge convicted and sentenced the appellant as stated in para 1 above, hence, this appeal.
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recorded statement of Sharada. Sharada told him that her husband Ashok had sold a cow due to which dispute took place between her and her husband. Her husband Ashok poured kerosene on her and set her on fire and ran away. The dying declaration recorded by PW6 P.I. Patil, is at Exhibit42. The relevant portion of the dying declaration shows that Sharada had stated that the cow from the house was sold for Rs.10,000/- by the appellant about two days prior to the incident, due to which for about two days, dispute was going on between her and her husband. On 12th September, 2006 at 10.00 a.m., her husband came home in intoxicated state. Sharada asked him about the money which he got after sale of cow. Thereupon, the appellant said to her “ who are you to ask me, I have blown up the money. ” The appellant picked up a kerosene can from the house, poured kerosene on her and set her on fire. Without trying to help her, the appellant ran away from the spot. We find the evidence of P.W.6 Patil to be credible and reliable, hence we have no hesitation in relying on the same.
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The three oral dying declarations were made by Sharada to PW3 Meena, PW4 Vatsala and PW5 Prakash. PW5 Prakash is the brother of Sharada. Prakash has stated that his sister Sharada was married to the appellant. They had two daughters and one son. His sister was residing at her matrimonial house at Deokar Mawadi near Jejuri which is in Pune District. The appellant was serving at Mumbai in police department. The appellant used to visit the village after about every six months or so. The appellant was addicted to liquor. When the appellant was under the influence of liquor, he used to abuse his wife Sharada. Prakash came to know about this fact from his sister when she used to come to his house. Prakash tried to convince his sister Sharada and also warned the appellant in presence of his sister. Prakash has stated that on 12th September, 2009, he received a telephone call at 11.30 a.m. informing him that the appellant had poured kerosene on his sister and set her on fire and she was admitted in Primary Health Centre, Jejuri. He then went to Primary Health Centre at Jejuri on motor cycle. At that time, police were enquiring with his sister about the incident. After police recorded Sharada's statement, Prakash shifted Sharada to Sassoon Hospital in an ambulance for further medical
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treatment. On the way, his sister told him that the appellant had poured kerosene on her and set her on fire.
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on fire and ran away. Then police from Jejuri police station came to the spot. Vatsala accompanied Sharada and the police and took Sharada to Rural Hospital at Jejuri.
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escaped from her clutches. At that time, police jeep reached there and this witness with Vatsala and some others shifted Sharada to the Rural Hospital at Jejuri for medical treatment.
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used to say that he will destroy the organization. He used to further tell Vatsala not to interfere in his family affairs. Vatsala has produced the register which is maintained by the organization in Mawade Supe in relation to the complaint received by the organization. Vatsala has stated that the relevant entries regarding complaints received by the organization are written in the register. The relevant entry in relation to the complaint lodged by Sharada is at Exhibit-33 . Sharada had made a complaint to her in the office. The same was taken down by PW4 Vatsala in her handwriting. As per Sharada's complaint, her husband used to assault her with whatever instrument he found in his hand. Therefore, Vatsala advised Sharada to keep away any article which can be used by the appellant for the purpose of assault. Vatsala further advised Sharada that kerosene should not be easily available at the hands of the appellant. Vatsala further advised Sharada that whenever her husband started to assault her, she should leave the spot. Vatsala had brought the original register. A copy of the entry No.33 therein is taken on record and marked Exhibit-30A . Vatsala has stated that thereafter again on 12th January, 2006, Sharada came to the Saathi Centre. Sharada stated that her husband was assaulting her
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and ill-treating her. At that time, Vatsala adviced Sharada to seek help of her relatives and not to reside with the appellant as it is dangerous to her life. Vatsala has taken entry in relation to the complaint in the register of the organization at serial No.36. A copy of the said complaint is at Exhibit-31A Vatsala has further stated that thereafter, on 27th July, 2006, Sharada again came to her office. At that time, Sharada told that her husband is physically and mentally ill-treating her. Vatsala again wrote down the complaint in the register and advised Sharada to inform this fact to her maternal relatives. A copy of this entry in the register is at Exhibit-32A . Thus, the evidence of PW3 Meena, PW4 Vatsala and PW5 Prakash shows that the appellant was addicted to liquor and used to constantly harass, ill-treat and assault his wife Sharada.
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of nature.
(A.K.MENON, J.) (SMT.V.K.TAHILRAMANI, J.)
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1 issue framed by the court
Whether the evidence, including dying declarations and medical proof of burns, proves beyond reasonable doubt that the appellant murdered his wife by setting her on fire.
1 provisions across 1 enactments
Ashok Maruti Deokar
The State of Maharashtra
V.K. Tahilramani
A.K. Menon
As recorded by the court registry
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