HC confirms life sentence for homicide

Mumbai, Oct 8: The Bombay High Court has confirmed the life sentence of one Namdeo Bhoir from Ulhasnagar for burning his wife to death.

A division bench comprising Justices V G Palshikar and Nishita Mhatre held on Friday that there was sufficient evidence against the accused to uphold the sentence passed by Session Court on March 8, 2002.

Pushpa (25), married Namdeo in 1995. A year after the marriage, she filed a complaint at the Vitthalwadi Police Station under 498 (A) (harassment for dowry) against him and the same was pending before a local court even at the time she died.

Public Prosecutor Pradeep Hingorani told the court that as Pushpa could not bear child, Namdeo got involved in an extra-marital affair. Whenever Pushpa enquired about the other woman, he would hit her.

On July 26, 1998 he confined her in a room, poured kerosene and burnt her alive. While the neighbours took her to the Central Hospital, she died of cent percent burns five days later on July 31.

Complainant Budhaji Khalatkar, father of the deceased, submitted that Pushpa had given oral statement confirming her husband had burnt her. Not only was the statement given to him, his wife and another daughter, but also to the doctor who treated her.

However, Namdeo's counsel P M Pradhan submitted that it was not murder but suicide. If Pushpa was so badly burnt, surely she was not in the state to make a dying declaration.

But the doctors confirmed that she was mentally fit to make the declaration and the court accepted the same.

The accused was convicted under section 302 of the Indian Penal Code.

UNI