BALASAHEB MARUTI BASWANT vs STATE OF MAHARASHTRA

Judgment text excerpt

:1: 902-apeal-410-18-J.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.410 OF 2018 Balasaheb Maruti Baswant …..Appellant Versus The State of Maharashtra .….Respondent ….. WITH INTERIM APPLICATION NO.490 OF 2023 IN CRIMINAL APPEAL NO.410 OF 2018 ….. INTERIM APPLICATION NO.5341 OF 2024 IN CRIMINAL APPEAL NO.410 OF 2018 ----- Ms. Nasreen Ayubi, Advocate for the Appellant. Mr. Avinash A. Naik, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ. DATE : 13th JUNE, 2025 ORAL JUDGMENT : [PER SARANG V. KOTWAL, J.] 1. The Appellant has challenged the judgment and order dated 9.1.2018 passed by the Additional Sessions Judge, Thane in Sessions Case No.356/2014. The Appellant was convicted for commission of the offence punishable under Section 302 of IPC and he was sentenced to suffer life imprisonment and to pay a fine of 1 of 23 Deshmane(PS) :2: 902-apeal-410-18-J.odt Rs.10,000/- and in default to suffer RI for three months. The amount of fine, if recovered, was directed to be paid to the children of the victim. 2. Heard Ms. Nasreen Ayubi, learned counsel for the Appellant and Mr. Avinash A. Naik, learned APP for the Respondent-State. 3. The prosecution case is that the Appellant was residing with his wife Shobha and two sons Ashish and Atul. The Appellant was addicted to liquor. On 21.12.2013, when the Appellant came back to his house, he started scolding his elder son regarding his non-attendance in the school . The Appellant’s wife Shobha tried to intervene. The Appellant then tied both his sons with dupattas. He poured kerosene on Shobha and set her on fire. He ran away from the house. The sons somehow untied the dupattas and tried to extinguish the fire. One of them, went to their maternal uncle