Thane, Aug 17 (PTI) A Thane Sessions Court on Monday convicted a 38-year-old man for murdering his wife by setting her ablaze after a minor altercation over a delay in massaging his legs in May 2015 and sentenced him to life imprisonment, upholding the credibility of her second declaration before death.
Sessions Court Judge R. D. Sawant also imposed a fine of Rs 1,000 on Subhash Waghmare after convicting him under section 302 (Punishment for murder) of the Indian Penal Code.
The prosecution presented ten witnesses to prove the charges against the accused.
According to the prosecution, the incident occurred on May 9, 2015, at the couple’s rented residence in Ghodbunder village near Thane.
When Waghmare demanded that his wife, Vaishali, massage his legs, she asked him to wait until she finished cleaning the utensils. Angered by her response, Waghmare slapped her multiple times. Later that night, while she sat on the bed in pain, Waghmare poured kerosene on her and set her ablaze.
She died at Dr Babasaheb Ambedkar Hospital on May 13, 2015.
The defence argued that Vaishali had committed suicide due to unbearable ear and stomach pain, pointing to her initial dying declaration recorded on May 10.
However, in a subsequent dying declaration recorded on May 11 by the Special Executive Officer and the police, the victim clarified that she had initially lied out of fear, as her husband was present in the hospital.
Evaluating the two conflicting statements, Judge R. D. Sawant rejected the defence’s theory and upheld the credibility of the second declaration.
“The explanation offered by Vaishali in her second dying declaration seems to be truthful and trustworthy. On 10.05.2015, the deceased was admitted to Dr Babasaheb Ambedkar Hospital. The accused was present in the hospital, and she has given the reason for it in the second dying declaration. Thus, the first dying declaration also gets explained.
“I do not find the first dying declaration, dated 10.05.2015, to be truthful and reliable. Hence the theory of defence that death of Vaishali was suicidal is also ruled out,” the judge noted.
The court observed that the prosecution has proved the charges against the accused beyond reasonable doubt. PTI COR NSK
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