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(Per SUMAN SHYAM, J.)
REKHA
PRAKASH
PATIL
APEAL-65-2017 WITH IA 2080-2025 @ GOPAL MADHU PAWAR -F.DOC
1. The instant appeal arises out of the judgment and order
dated 22nd September, 2013, passed by the learned Additional
Sessions Judge, Pune, in Sessions Case No. 28 of 2013, whereby
the sole Appellant (accused) was convicted under Section 302 of
the Indian Penal Code (‘IPC’), for committing the murder of his
wife- Bharati and sentenced to undergo life imprisonment and also
to pay fine of Rs.1,000/-, in default, rigorous imprisonment for one
year.
2. The prosecution case, as unfolded from the material
available on record, is to the effect that the appellant (accused)
Gopal Madhu Pawar was in the habit of drinking alcohol on
regular basis. On 29th August, 2012, the appellant had asked his
wife Bharati to give her mangalsutra apparently for selling the
same so as to consume alcohol. It was around 2:00 p.m. in the
afternoon and at that time, the appellant was present in his house
alongwith his wife Bharati. Responding to the demand to hand
over the mangalsutra made by the appellant, his wife Bharati had
asked him not to sell the same. On that, the accused got annoyed.
He poured kerosene on the person of his wife Bharati and set her
on fire. When Bharati raised a hue and cry and came running out
of her house, her relative Shakuntala (PW-6) and the appellant
took Bharati to the Nagar Palika Hospital, at Lonavala, by a
rickshaw. The hospital, however, refused to admit Bharati. As
such, the cousin of Shakuntala, viz. Bhiva Pawar took Bharati to
her parents house at Unere. Later on, upon receipt of information
about the incident, the SHO of Pali Police Station took Bharati to
APEAL-65-2017 WITH IA 2080-2025 @ GOPAL MADHU PAWAR -F.DOC
the Primary Health Centre at Pali by the police jeep wherein, she
was admitted. Dr. Jaiswal (PW-4) examined the injured-victim.
Her statement was recorded by PW-3 Mr. Kokate, after being
certified by the doctor that the victim was in a fit state of mind to
record her statement. Within minutes thereafter, the Executive
Magistrate Mr. Vetkoli (PW-5), on receiving the requisition from
the SHO of Pali Police Station, came to the hospital and recorded
the statement of Bharati after obtaining the opinion of the doctor
about her state of mind. The statements recorded by the PW-3 and
PW-5, on the same day, within a gap of about 20 minutes, have
been treated as dying declarations of the victim. The victim died
in the hospital on 1st September, 2012. On 2nd September, 2012,
the accused was arrested and the mangalsutra was seized from
him. Initially, although C.R. No. 89 of 2012 was registered under
Section 307 of the IPC, later on, Section 302 of the IPC was added.
On completion of investigation in connection with C.R. No. 89 of
2012 of Pali Police Station, the Investigating Officer, i.e., PW-10
had submitted charge-sheet against the accused, based on which,
charge was framed against him under Section 302 of the IPC. On
conclusion of trial, the learned Additional Sessions Judge had
convicted the appellant under Section 302 of the IPC for
committing the murder of his wife Bharati and sentenced him as
aforesaid.
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