Judgment :- 1. Challenge in this appeal is to judgment rendered by learned 4th Additional Sessions Judge, Jalgaon, in Sessions Case No.84/1996, whereby the appellant has been convicted for offence punishable U/s 307 of the I.P.C. and is awarded sentence of three (3) years rigorous imprisonment along with fine of Rs.1,000/-, in default to suffer rigorous imprisonment for six (6) months. 2. The background facts, as unfolded during the trial, may be stated in the following way: Ruchi (P.W.8) a teenager School going girl at the relevant time, was attending 7th standard in St.Joseph High School, Jalgaon. Her parents reside in a locality called Patelnagar, whereas her maternal grand parents reside in a Bungalow situated in Shivram Nagar locality at Jalgaon. The appellant's residential house is in the neighbourhood of her maternal grand parents. Approximately one month before the incident, he had indulged in eve teasing to Madhuri a Schoolmate of Ruchi (P.W.8). Since some days before the incident, Ruchi was being sent to the School with domestic servant of her parents, namely, Abhay (P.W.13) to escort her up to the School and while returning home from the School. He use to follow her. As usual, on 8.3.1996, Ruchi was returning from the School around 1 p.m. She was proceeding on foot, whereas the domestic servant was following her with a bicycle in his hand. He too was on foot but had trailed behind by about 50/100 fts. While Ruchi was passing by road through Shivram Nagar area, the appellant came from her behind on a moped vehicle (Bajaj-M-80 brand). He stopped the moped vehicle, took a canister in his hand and went near Ruchi (P.W. 8). He flung liquid from that canister on Ruchi from her behind. She smelt of petrol and turned back. She noticed that the appellant was having a gas lighter in his hand. Apprehending danger to her life, she started running towards the bungalow of her grand parents. The appellant gave little chase to her and ultimately set fire to her person by means of the gas lighter. She attempted to extinguish the fire and somehow entered bungalow of her maternal grand father. By that time, one auto-rickshaw driver saw the incident and rushed there with cushion seat of his auto-rickshaw. He rubbed the back of Ruchi with that seat (cushion) and attempted to extinguish the fire. She attempted to extinguish the fire and somehow entered bungalow of her maternal grand father. By that time, one auto-rickshaw driver saw the incident and rushed there with cushion seat of his auto-rickshaw. He rubbed the back of Ruchi with that seat (cushion) and attempted to extinguish the fire. She immediately went to nearby water tap in the Courtyard of the bungalow and sat under the tap water. The appellant fled away from near the entrance of the bungalow. The injured School going girl was immediately rushed to a private Hospital of Dr.Arjun Bhangale (P.W.12). He found that she had sustained 30% burns on her face, left ear, back, chest, and both the upper limbs. He gave information to the concerned Police Station. He gave her medical treatment. In the same evening, statement of injured Ruchi, was recorded by the Police. The Police Officer drew a spot panchanama. The moped vehicle (Bajaj-M-80) bearing registration No.MVI-5822 was found lying on the public road. A small canister smelling of petrol and a cloth bag were also found at the spot. They were attached by the Police. On the basis of material gathered during course of investigation, the appellant was called upon to face the trial of the Sessions case. 3. A charge (Exh.30) was framed and was explained to the appellant. He pleaded not guilty to the charge. His defence was of simple denial. Alternative limb of the defence was that the appellant was suffering from mental illness at the relevant time and could have done the alleged act under spell of insanity. 4. At the trial, the prosecution examined in all sixteen (16) witnesses in support of its case. The prosecution also adduced certain documentary evidence. On behalf of the defence, D.W.1 Dr.Shrikant Joshi, a Psychiatrist was examined in support of the defence pertaining to plea of insanity. So also Dr.Prakash Rajaram Nemade (D.W.2) was examined in support of such plea. The learned Sessions Judge, repelled the plea of insanity. The learned Sessions Judge came to the conclusion that the appellant attempted to cause death of the School going girl i.e. Ruchi (P.W.8) in the relevant noon by setting her on fire after sprinkling petrol on her person. The appellant was accordingly held guilty for offence punishable U/s 307 of the I.P.Code and has been sentenced as described hereinabove. 5. The learned Sessions Judge came to the conclusion that the appellant attempted to cause death of the School going girl i.e. Ruchi (P.W.8) in the relevant noon by setting her on fire after sprinkling petrol on her person. The appellant was accordingly held guilty for offence punishable U/s 307 of the I.P.Code and has been sentenced as described hereinabove. 5. Indisputably, injured Ruchi (P.W.8) was the School going teenager girl at the relevant time. There is no controversy raised as regards the manner in which the incident had occurred in the relevant noon. The dispute raised by the defence is regarding involvement of the appellant as author of the burn injuries caused to victim Ruchi. He denied that he had sprinkled petrol on her person from behind and had set her ablaze. 6. The incident occurred in the broad day light. The School time was over at 1 p.m. The victim - Ruchi was returning home on foot. The recitals of the spot panchanama (Exh.44) would show that the incident occurred on road in front of residential house owned by one Gokul Suryawanshi, situated in Shivram Nagar locality at Jalgaon. The topographical account stated in the spot panchanama reveals that the moped vehicle, canister of one liter capacity and a cloth bag were recovered from the spot of the incident. The canister gave smell of petrol. The School is situated around 200 paces away from the spot of incident. It is pertinent to notice that the Police also recovered a half burnt shirt which smelt of petrol. The shirt and a blue coloured skirt indicated that the apparels were of uniform for girl students of St.Joseph Convent High School. The spot of incident was pointed out by Abhay (P.W.13), who was the domestic servant and was allegedly following the victim at the relevant time. The spot panchanama is duly corroborated by Purkharam Chaudhary (P.W.2). 7. The intrinsic evidence appearing from the spot panchanama go to show that injured Ruchi, rushed inside the bungalow of her grand father and used the running tap water to extinguish the fire and to cool herself. This is a glaring circumstance. The spot panchanama is duly corroborated by Purkharam Chaudhary (P.W.2). 7. The intrinsic evidence appearing from the spot panchanama go to show that injured Ruchi, rushed inside the bungalow of her grand father and used the running tap water to extinguish the fire and to cool herself. This is a glaring circumstance. The promptitude with which the spot panchanama was drawn would indicate absence of manipulation in the context of recovery of the burnt uniform dress of injured Ruchi from near the water tap in the courtyard of the bungalow as well as the fact that the petrol smelling canister was attached from near the moped vehicle found on the road at a short distance from the said premises. 8. Coming to the version of Ruchi (P.W.8), it may be gathered that she had no animosity against the appellant. Her version reveals that she was knowing the appellant since before the incident in question. The reason for her such knowledge is twofold. First, the appellant use to reside in the house situated in the neighbourhood of the house of her maternal grand parents. Secondly, she had seen him while eve-teasing her schoolmate by name Madhuri before about a month of the incident. It is even otherwise difficult for the victim to forget the profile of such an assailant who had mounted the murderous assault in the broad day light. The version of injured Ruchi purports to show that the appellant flung petrol from the canister on her person and while she was on the heels, he gave chase to her and set her on fire by means of flames of a gas lighter. Her version reveals that she ran towards the bungalow of her grand parents and while she was at the entrance gate, someone had covered her with a cloth to extinguish the fire. She thereafter went to water tap in the compound and sat beneath flow of water the tap. She has no business to concoct a false story about involvement in the horrendous incident which almost was likely to take the toll. 9. The version of injured Ruchi reveals that she identified the appellant as the assailant. Her evidence reveals that she was knowing him by face. He use to reside in the neighbourhood of grand mother. Her version also reveals that about a fortnight prior, he had attempted to tease her friend by name Madhuri. 9. The version of injured Ruchi reveals that she identified the appellant as the assailant. Her evidence reveals that she was knowing him by face. He use to reside in the neighbourhood of grand mother. Her version also reveals that about a fortnight prior, he had attempted to tease her friend by name Madhuri. She then came to know name of the appellant. Her version reveals that during the eve-teasing she had accompanied said Madhuri. She identified the burnt pieces of the School Uniform (Article Nos. 3, 4 and 6). She corroborated recitals of her Police statement (Exh.64). Nothing of much importance could be gathered during her cross-examination except the admitted fact that she was not knowing the reason which prompted the appellant to cause burn injuries to her. According to her, there was no specific reason as to why he had done the ghastly act. She admits that she was conscious until she was admitted in the Hospital. She states that she had immediately smelt of petrol after she sensed that some liquid was thrown on her person by the appellant. She admits that she had not noticed presence of Abhay (P.W.14) at the relevant time nor she called him. She was unable to tell whether any one from the members of public had attempted to catch hold of the appellant. She could not recollect whether photographs of the appellant was shown to her whilst under the medical treatment in the Hospital. Her version reveals that at times her girl friend i.e. Madhuri use to accompany her. Her version further reveals that Abhay (P.W.13) use to accompany her to and from the School as a daily routine. Her way to reach the School goes from different locality and some times she use to return home from near the Bungalow of her grand parents which is another way available to her. It is significant to notice that the FIR (Exh.64) is the statement of injured Ruchi which was recorded in the same evening. 10. The recitals of the FIR go to show that she was knowing the appellant prior to the incident. The recitals of the FIR further indicate that Abhay (P.W.13) was trailing behind her with a bicycle in his hand. The details of the incident narrated by her to the Police are in keeping with the real account given by her from the witness box. The recitals of the FIR further indicate that Abhay (P.W.13) was trailing behind her with a bicycle in his hand. The details of the incident narrated by her to the Police are in keeping with the real account given by her from the witness box. One can not be oblivious of the fact that her deposition was recorded after about four (4) years of the incident. It is but natural that some minor omissions are likely to occur in her testimony. She could not locate the surname of her girl friend Madhuri. However, it is not of much importance. The testimony of Ruchi reveals that she was required to take treatment at Bombay Hospital at Mumbai for about 1-1/2 months after the incident. She suffered disfigurement on account of the burn injuries. The lobe of her ear was completely burnt and there was a scar on her neck. 11. The testimony of Abhay (P.W.13) lent corroboration to the version of injured Ruchi. So also, the version of auto-rickshaw driver viz; Ashok (P.W.10) reveals that the incident occurred as narrated by injured Ruchi. Though, name of Ashok is not specifically stated in the FIR (Exh.64), yet, it is clearly shown that one person had tried to put off the fire with the help of a cloth while Ruchi was at the entrance door of the bungalow in burning condition. The testimony of Ashok tends to show that he saw the incident while he was transporting some students of the School in his auto-rickshaw and then impulsively he rushed to the place with a cushion seat of the auto-rickshaw. He deposed that he rubbed the cushion seat on back of injured Ruchi to put off the fire. He has absolutely no reason to speak falsehood. He is an independent witness. Being a regular transporter of School going students, it is but natural that he had the affinity for the students and could have shown presence of mind to extinguish the fire by means of cushion seat of his auto-rickshaw. It is important to notice that the partly burnt cushion seat of the auto-rickshaw was lateron recovered by the Police under a separate panchanama. The witness identified the same during course of the deposition. His version appears to be natural and quite credit worthy. 12. It is important to notice that the partly burnt cushion seat of the auto-rickshaw was lateron recovered by the Police under a separate panchanama. The witness identified the same during course of the deposition. His version appears to be natural and quite credit worthy. 12. Similarly, the version of Abhay (P.W. 13) would show that he identified the appellant as the assailant who had sprinkled petrol on person of Ruchi from her behind. The learned counsel pointed out that in the Charge (Exh.30) there is reference to use of kerosene though the case of prosecution is that petrol was sprinkled on person of injured Ruchi. This can not be treated as a serious defect so as to vitiate the proceedings. There is no substantial prejudice caused to the defence due to such erroneous reference of the inflammable fluid in the charge. The argument of the learned counsel that the appellant was prejudiced due to wrong framing of the Charge can not be, therefore, accepted. It is argued that Abhay could not be believed because he is the interested witness being domestic servant of the parents of Ruchi. It is further argued that his natural reaction could have been to rush forward and catch hold of the appellant or at least to attempt extinguishment of the fire of injured Ruchi. It is argued that due to unnatural conduct of Abhay, his version may not be accepted. I do not agree. It is pertinent to note that Abhay was trailing behind with a bicycle in his hand. The reactions of witnesses may differ from person to person. He was perhaps aghast to see as to what was happening to the minor school going girl i.e. Ruchi. It is probable that he was initially stupefied and was lateron scared due to the happening of the sudden assault mounted on Ruchi. His version can not be discarded only because he was then working as domestic servant of the parents of injured Ruchi. The recitals of the FIR (Exh.64) clearly show that Abhay was slowly following Ruchi from behind. As a servant, it is but natural that he was not going along with her but was keeping some distance from her. The mere fact that he had not rushed forward to catch hold of the appellant is not a circumstance which will blow up his version. As a servant, it is but natural that he was not going along with her but was keeping some distance from her. The mere fact that he had not rushed forward to catch hold of the appellant is not a circumstance which will blow up his version. His version reveals that the appellant had crossed him on the moped vehicle before going behind injured Ruchi. He identified the appellant whilst in the witness box. 13. Though the prosecution examined Dilipkumar (P.W.9) as one of the eye witness, yet, the learned Sessions Judge discarded his version for the reason that his presence near the spot was not free from doubt. It is not necessary to deal with version of Dilipkumar inasmuch as the view taken by the learned Sessions Judge, on assessment of his evidence, appears to be reasonable. The prosecution has duly proved the manner in which the incident occurred in the relevant noon. The learned counsel would submit that in absence of any motive, the appellant had no reason to set fire to injured Ruchi and particularly when there was no past incidence in the proximity of the day of incident which would have caused him any annoyance against her. It is well settled that absence of motive can not be regarded as the reason to discredit the prosecution case. In "State of Haryana Vs. Sher Singh and others" (AIR 1981 Supreme Court 1021), the Apex Court held that the prosecution is not bound to prove motive of any offence in a Criminal case, inasmuch as the motive is known only to the perpetrator of the crime and may not be known to others. What transpires from the record is that injured Ruchi was the bosom friend of Madhuri, towards whom the appellant was infatuated. He had perhaps lopsided feeling of love and attempted to express the same through the prior incident of eve-9teasing but the School going girls had either scornfully laughed at him or had written off him. One does not know what was brewing in the mind of the appellant but certainly he was annoyed with the injured - Ruchi when the one sided love affair was a flop show. 14. On consideration of the medical evidence tendered by Dr.Arjun Bhangale (P.W.12), it is explicit that injured Ruchi was found to have received 30% burns I to IIIrd degree. 14. On consideration of the medical evidence tendered by Dr.Arjun Bhangale (P.W.12), it is explicit that injured Ruchi was found to have received 30% burns I to IIIrd degree. She was admitted as indoor patient in his Nursing Home from 8.3.1996 till 11.3.1996. She was transferred to Bombay Hospital for further treatment of the burn injuries. He corroborated the Medical Certificate issued by him in the context of the said injuries. His version has remained unchallenged. His version lends due corroboration to the case of prosecution regarding happening of the incident wherein Ruchi received the burn injuries in the relevant noon. 15. Though the prosecution sought to place reliance on version of Ataullahkhan (P.W.11), who conducted the identification parade and the witnesses who acted as panchas for the test identification parade, yet, the evidence on this score is not worth the name. For, it has come in the evidence that photograph of the appellant was published in a local newspaper on the very next day. The incident was given wide publicity. The identification parade was conducted after five (5) days. The appellant was arrested on the very next day. The Investigating Officer - S.D.P.O. Anant Rokade (P.W.15) was confronted with the daily newspaper "Sakal" dated 10.3.1996. He admitted that the photograph printed on the first page of the daily newspaper "Sakal" was of the appellant along with a Police constable who was escorting him towards the Court. Another newspaper dated 7.4.1996 called "Weekly Police Times" also indicates that photograph of the appellant was published on the front page. The newspapers (Exh.94 and Exh.95) gave wide publicity to the incident. It is, therefore, unsafe to rely on the evidence pertaining to the test identification parade which was conducted after some delay. 16. One of the important circumstance is that the appellant was clinically examined after his arrest on 9.3.1996. The version of Dr.Suresh Wani (P.W.5) reveals that he noticed a burn injury on right forearm and right wrist, anterior and post surface on the person of the appellant. He further noticed that the said burn injuries were of superficial nature. He corroborated the recitals of the Medical Certificate (Exh.49). He identified the appellant as the same person who was brought to the Civil Hospital, Jalgaon for the clinical examination. He admits that such injuries could be caused by chemical burns or electrical burns. He further noticed that the said burn injuries were of superficial nature. He corroborated the recitals of the Medical Certificate (Exh.49). He identified the appellant as the same person who was brought to the Civil Hospital, Jalgaon for the clinical examination. He admits that such injuries could be caused by chemical burns or electrical burns. He did not notice any presence of petroleum product around the injury in question. On the basis of such admission of Dr. Suresh Wani (P.W.5), it is argued that the superficial injuries found on the person of the appellant would not be sufficient to prove his involvement in the incident as an assailant. The absence of traces of petroleum product by itself is not of much significance. For, the appellant might have sustained such burn injuries due to use of the flame of gas lighter. Secondly, he was examined by P.W.Dr.Suresh after more than twelve (12) hours and, therefore, the absence of traces of petroleum product will not show that he was not injured during the course of the said incident. He himself did not explain about such injuries found on his person during course of his statement U/s 313 of the Cr.P.C. 17. I shall now advert to the alternative plea of insanity as raised by the defence. The versions of Dr.Shrikant Joshi (D.W.1) and Dr.Prakash Nemade (D.W.2) are required to be considered in this context. It is pertinent to note that Dr.Shrikant Joshi, examined the appellant much after the alleged incident. He deposed that on 22.6.1996 he examined the appellant and noticed that the appellant was a schizophrenic. This was after more than three (3) months after the alleged incident. The appellant was taken to hospital of Dr.Shrikant Joshi by his father. The history was narrated by the father. The version of Dr.Shrikant Joshi, reveals that he was unable to tell as to what was psychological state of mind of the appellant at the time of the incident in question. The testimony of Dr.Prakash is also insufficient to reach definite conclusion that the appellant was suffering from lucid intervals of insanity at the relevant time. The appellant was not admitted in the sanitorium on any past occasion. 18. The testimony of Dr.Prakash is also insufficient to reach definite conclusion that the appellant was suffering from lucid intervals of insanity at the relevant time. The appellant was not admitted in the sanitorium on any past occasion. 18. So far as defence of insanity is concerned, it may be observed that the very object of section 84 of the I.P. Code is to exclude those acts from operation of the criminal law where the mens rea is absent. If a person is incapable of knowing as to what he was doing, then only it can be said that the act was not actuated with mens rea. The mental incapacity may be result of variety of situations. There must be acceptable evidence to reach conclusion that the accused at the given point of time suffered "non compos mentis". 19. The burden to prove the defence of insanity is on the accused. Unless the accused would establish that he was incapable of knowing the nature of the act committed by him or what he was doing was either wrong or contrary to law, he would not be entitled to avail the defence under section 84 of the I.P. Code. The version of PW Dr. Prakash Nemade does not show that the appellant (accused) did not comprehend the nature of his act in the relevant noon. In "Anand Narayan Mallav Vs. State of Maharashtra 1999 (2) Mh.L.J. 839 , this Court was required to consider plea of insanity. It has been held that where the Doctor who was examined as a defence witness, stated that the accused was under his treatment being a case of schizophrenia but his defence did not show that at the time of the incident by virtue of unsoundness of mind, the accused did not comprehend the nature of his act or what he was doing was either wrong or contrary to law, on the evidence on record the accused failed to discharge the burden of proving the defence of insanity by preponderance of probabilities. 20. In "Syed Yousuf S/o Syed Lal Vs. State of Maharashtra" 2005 (2) Mh.L.J. 187 , the accused had killed his two daughters aged six and three years, by strangulation after sending his wife to another village. He had disclosed to his wife, after her returning home, that he had killed the two daughters and had concealed their bodies in two trunks. State of Maharashtra" 2005 (2) Mh.L.J. 187 , the accused had killed his two daughters aged six and three years, by strangulation after sending his wife to another village. He had disclosed to his wife, after her returning home, that he had killed the two daughters and had concealed their bodies in two trunks. He had ran away after raising alarm. This Court held that the accused/appellant had well planned the execution of the crime and was, therefore, rightly denied the benefit of plea of insanity. In "Vitthal S/o Kisan Dodke Vs. State of Maharashtra" 2006 (2) Mh.L.J. (Cri) 1063, it has been held that the burden to prove the plea of insanity would lie on the accused. It was for the appellant to discharge the burden to bring his case within the Exception of Section 84 of the I.P. Code. The fact situation in the present case would indicate that the appellant had well planned the murderous assault. He had gone to the spot on a moped vehicle with a canister containing petrol. He was also prepared in the sense that he gave chase to Ruchi while she was running away after his sprinkling of petrol on her from behind. He was having a gas lighter in the hand. Apart from the preparedness which indicated prior planning, when he saw that the fire was being extinguished by the auto-rickshaw driver i.e. PW Ashok, then he fled away. If he was incapable of understanding as to what he was doing, then he would have probably stopped then and there without taking cognizance of the other persons who were likely to reach for help of the victim. His conduct shows that he was well aware that running away from the place was in his interest. Under these circumstances, the learned Sessions Judge rightly rejected the plea of insanity for want of legal proof. 21. It is not necessary to elaborately consider the remaining evidence tendered by the prosecution. Considering the totality of the circumstances and evidence on record, I am of the opinion that the prosecution has duly proved that the appellant attempted to cause death of injured Ruchi in the relevant noon and, therefore, has been rightly convicted for the offence punishable U/s 307 of the I.P. Code. I find myself in general agreement with the evaluation of the evidence as has been done by the learned Sessions Judge. I find myself in general agreement with the evaluation of the evidence as has been done by the learned Sessions Judge. The innocent School going girl is the victim of the incident. She suffered life time harrowing experience due to the murderous assault mounted by the appellant. Consequently, the sentence awarded by the learned Sessions Judge, is also proportionate to the proved offence. Hence, the appeal is destitute of substance and is, therefore, dismissed. The impugned judgment of conviction and sentence is maintained and the appellant is directed to surrender immediately to the bail or else the Sessions Court shall ensure that the appellant undergoes remaining part of the substantive sentence. The learned Sessions Judge, shall send compliance report to this Court within four (4) weeks.