SHAMRAO S/O PUNYAJI MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life, by the 1 st Ad hoc Additional Sessions Judge, Wardha, by judgment and order dated 28 4 2005, in Sessions Trial No.127/2003, by this appeal questions the correctness of his conviction and sentence.

(2.) Since the appeal was forwarded through Jail, we had appointed Shri Shriniwas Deshpande, learned Counsel, to represent the appellant in this appeal and who has very ably argued the appeal on behalf of the appellant.

(3.) Such of the facts as are necessary for the decision of this appeal may briefly be stated thus : P.W.2 Suresh Dhone, Head Constable, who was attached to the Police Station Kharangana, received papers consisting of statement of injured Shakuntala and accordingly registered an offence vide Crime No.49/2003. The printed First Information Report is at Exh.20. The case diary of the said crime thereafter came to be entrusted to P.W.6 Suresh Bhoyar for investigation. Accordingly, P.W.6 Suresh Bhoyar, P.S.I., who was also attached to Police Station Kharangana, proceeded to the scene of the offence and drew the scene of the offence panchanama at Exh.16 in the presence of P.W.1 Haridas. From the scene of the offence certain articles namely, a Can containing kerosene oil, a match box and a partly burnt Dhoti came to be seized vide seizure memo at Exh.17 in the presence of P.W.1 Haridas. Statements of witnesses came to be recorded. Meanwhile, it appears that P.W.4 Vinod Kirolkar, who had received the requisition at Exh.26, proceeded to the General Hospital, Wardha for recording the statement of injured Shakuntala. He contacted the Medical Officer on the duty and on the Medical Officer certifying that Shakuntala was in a fit condition to give her statement, recorded the dying declaration of Shakuntala at Exh.25. The Medical Officer namely, P.W.7 Dr. Mohan Sure thereafter endorsed on the dying declaration that Shakuntala had been conscious during recording of the dying declaration. Further to the completion of the investigation, the charge sheet against the appellant came to be filed.