Bombay High Court
Raju Pavalas Pakhre vs The State Of Maharashtra on 26 August, 2016
Bench: V.K. Tahilramani
2. cri apeals 1443-11 (j).doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1443 OF 2011
Raju Pavalas Pakhre
Age - 29 Years,
Previously resident of Room Behind
Shivshakti Chana Mart,
Sakhe Nagar, Wagle Estate,
Dist. Thane.
Presently lodged in Nasik Central Road
Prison .. Appellant
(Org. Accused)
Versus
State of Maharashtra
In Sessions Case No. 415 of 2007
At the instance of Wagle Estate Police
Station in C.R. No. I-122/2007 .. Respondent
...................
Appearances
Ms. Rohini Dandekar Advocate (appointed) for the Appellant
Mr. Arfan Sait APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI &
MRS. MRIDULA BHATKAR, JJ.
DATE : AUGUST 26, 2016.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
1. This appeal is preferred by the appellant - original
accused against the judgment and order dated 28.10.2010
passed by the learned Extra Joint Ad-hoc Additional Sessions
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Judge, Thane in Sessions Case No. 415 of 2007. By the said
judgment and order, the learned Session Judge convicted the
appellant for the offence punishable under Section 302 of IPC
and sentenced him to suffer rigorous imprisonment for life
and fine of Rs. 5000/-, in default S.I. for six months.
2. The prosecution case, briefly stated, is as under:
(a)
Deceased Meena was married to the appellant
about 10 years prior to the incident. They had
one son. Meena was residing with her husband,
her son and mother of the appellant at
Ulhasnagar. Meena was the daughter of PW 1
Gangasagar. The appellant was demanding Rs.
20000/- for taking a room on rent. For that, he
was harassing Meena. Meena came to the house
of her mother for delivery. After delivery, the
appellant told Gangasagar that he would not take
Meena with him unless Rs. 20000/- was paid to
him. Gangasagar did not pay the amount.
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(b) On 15.3.2007, the mother of the appellant told
Gangasagar that under influence of liquor, the
appellant was harassing her, therefore, she
requested Gangasagar to keep the appellant with
her. The mother of the appellant requested to
take a room on rental basis. On 15.3.2007, the
appellant came to the house of Gangasagar. The
appellant and Meena decided to take a room on
rental basis. Accordingly, on 20.3.2007, they took
one room on rent. Deposit amount of Rs. 9000/-
had to be paid to take the room on rent. PW 4
Ofia with whom Meena was working as a maid
servant gave Rs. 3000/- to Meena. PW 11 Anita
Joshi with whom Meena was working as a maid
servant gave Rs. 3000/- to Meena. Meena
collected another Rs. 3000/-. Thus, the amount
was paid for taking the room on rent. Though the
appellant knew that Meena had collected the
amount of Rs. 9000/- from the places where she
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was working as maid servant, the appellant asked
Meena from where she had collected the amount
of Rs. 9000/-. On account of this, he was
suspicious about Meena. The appellant was
addicted to alcohol and used to quarrel with
Meena. The appellant also beat Meena.
(c)
The incident occurred on 31.3.2007. At about
11.00 a.m., the appellant poured kerosene on
Meena and set her on fire. Meena was admitted
to the Civil Hospital. On being informed, PW 1
Gangasagar, the mother of Meena went to meet
Meena in the Civil Hospital. Oral dying declaration
was made by Meena to her mother Gangasagar
where Meena stated that her husband had set her
on fire. PW 1 Gangasagar then lodged FIR Exh.
22. Thereafter investigation commenced.
Meanwhile, two dying declarations of Meena were
recorded. The first dying declaration was
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recorded by PW 6 PSI Jadhav. The said dying
declaration is at Exh. 32. The second dying
declaration was recorded by PW 7 SEO Ms.
Kesarkar. This dying declaration is at Exh. 35. In
both the dying declarations, Meena stated that
her husband had set her on fire. Meena expired
on account of 81% burn injuries on 1.4.2007.
After completion of investigation, charge sheet
came to be filed. In due course, the case was
committed to the Court of Sessions.
3. Charge came to be framed against the appellant under
Section 302 of IPC. The appellant pleaded not guilty to the
said charge and claimed to be tried. His defence is that of
total denial and false implication. After going through the
evidence adduced in this case, the learned Sessions Judge
convicted and sentenced the appellant as stated in
paragraph 1 above, hence, this appeal by the appellant
against his conviction and sentence.
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4. We have heard the learned Advocate for the appellant
and the learned APP for the State. After giving our anxious
consideration to the facts and circumstances of the case,
arguments advanced by the learned Advocates for the
parties, the judgment delivered by the learned Sessions
Judge and the evidence on record, for the reasons stated
below, we are of the opinion that there is no merit in the
appeal.
5. The conviction of the appellant is based on two dying
declarations Exh. 32 and Exh. 35 and oral dying declaration
to PW 1 Gangasagar who was the mother of deceased
Meena.
PW 1 Gangasagar has stated that deceased Meena was
married to the appellant about 10 years prior to the incident.
Meena was residing with her husband, her son and mother of
the appellant at Ulhasnagar. The appellant was demanding
Rs. 20000/- for taking a room on rent. For that, he was
harassing Meena. Meena came to the house of Gangasagar
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for delivery. After delivery, the appellant told Gangasagar
that he would not take Meena with him unless Rs. 20000/-
was paid to him. Gangasagar did not pay the amount.
PW 1 Gangasagar further stated that on 15.3.2007, the
mother of the appellant told Gangasagar that under
influence of liquor, the appellant was harassing her,
therefore, she requested Gangasagar to keep the appellant
with her. The mother of the appellant requested to take a
room on rental basis. On 15.3.2007, the appellant came to
the house of Gangasagar. The appellant and Meena decided
to take a room on rental basis. Accordingly, on 20.3.2007,
they took one room on rent. Deposit amount of Rs. 9000/-
had to be paid to take the room on rent. One Revati Madam,
one Joshi madam (PW 11) and one Aunty had given Rs.
3000/- each to Meena for taking a room on rent. Thus, the
amount was paid for taking the room on rent. Though the
appellant knew that Meena had collected the amount of Rs.
9000/- from the places where she was working as maid
servant, the appellant asked Meena from where she had
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collected the amount of Rs. 9000/-. On account of this, he
was suspicious about Meena. The appellant was addicted to
alcohol and on account of suspicion, he used to quarrel with
Meena. The appellant also beat Meena.
Gangasagar has further stated that on 31.3.2007 at
about 11.00 to 11.30 a.m., the grandson of Gangasagar
came and informed her that Meena had received burn
injuries.
Neighbours had taken Meena to hospital prior to
Gangasagar reaching the house of Meena, hence, PW 1
Gangasagar, the mother of Meena met Meena in the Civil
Hospital. Oral dying declaration was made by Meena to her
mother Gangasagar. Meena told Gangasagar that the
appellant poured kerosene on her and set her on fire. PW 1
Gangasagar then lodged FIR Exh. 22.
6. In addition to the oral dying declaration, the conviction
is based on two dying declarations i.e Exh. 32 and Exh. 35.
Exh. 32 was recorded by PW 6 PSI Jadhav. PW 6 PSI Jadhav
has stated that on 31.3.2007, he received a phone call that
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Meena Raju Pakhre had received burn injuries and was
admitted in the hospital. PW 6 PSI Jadhav was called for
recording her statement. PSI Jadhav went to the Civil
Hospital. He made inquiries with the Medical Officer whether
Meena was able to make a statement. The Medical Officer
opined that Meena was in a fit state to make a statement.
Thereupon, PSI Jadhav recorded the statement of Meena.
The said statement is at Exh. 32. In the dying declaration
Exh. 32, Meena has stated that her husband made inquiry
about Rs. 9000/- Thereupon, there was quarrel between her
and her husband. Her husband then poured kerosene on her
and set her on fire.
7. PW 7 SEO Ms. Kesarkar had stated that she was called
on 31.3.2007 by Wagle Estate Police Station to the Civil
Hospital to record the statement of one lady who had
received burn injuries. She reached the Civil Hospital at
about 2 p.m. She made inquiries with patient Meena Raju
Pakhre. The Medical Officer was present there. Meena told
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that her husband had set her on fire. Dying declaration
recorded by Ms. Kesarkar is at Exh. 35. PW 10 Dr. Maijabeen
is the Doctor who gave endorsement on the dying that the
patient was conscious.
8. The appellant had set his wife Meena on fire on account
of the fact that he had some suspicion in his mind about Rs.
9000/- which was collected by Meena so that the appellant
and Meena could take a room on rent. The evidence of PW 4
Ofia shows that she gave Rs. 3000/- to Meena so that Meena
could take a room on rent. The evidence of PW 11 Anita
Joshi shows that she gave Rs. 3000/- to Meena so that Meena
could take a room on rent. The evidence of PW 1
Gangasagar shows that one Revati Madam, one Joshi Madam
(PW 11) and one aunty (presumably PW 4 Ofia) gave Rs.
3000/- each to Meena and thus, Meena collected Rs. 9000/-
to take a room on rent.
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9. It is the prosecution case that the appellant poured
kerosene on Meena and set her on fire due to which Meena
died. This is borne out by C.A. report Exh. 41. The C.A.
report Exh. 41 shows that partly burnt cloth pieces and partly
burnt pieces of mat which were seized from the spot tested
positive for kerosene residues. The evidence of PW 8 Dr.
Kalbande further corroborates the prosecution case that the
appellant set his wife Meena on fire. PW 8 Dr. Kalbande
performed the postmortem on the dead body of Meena. He
has stated that he noticed 81% superficial to deep burn
injuries and the cause of death was neurogenic shock due to
81% superficial to deep burn injuries. Thus, the medical and
forensic evidence also support the prosecution case.
10. Looking to the evidence on record, we find that there is
sufficient evidence to prove beyond reasonable doubt that
the appellant set his wife Meena on fire and caused her
death. Thus, we find no merit in the appeal. The appeal is
dismissed.
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11. Office to communicate this order to the appellant who
is in jail.
12. We quantify legal fees to be paid by the High Court
Legal Services Committee to the appointed Advocate Ms.
Rohini Dandekar at Rs. 5000/-.
[ MRS. MRIDULA BHATKAR, J ] [ SMT. V.K. TAHILRAMANI, J. ]
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