STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER, POLICE STATION CHANNI, AKOLA, TQ & DISTT AKOLA Vs. KANCHAN SANJAY GHAYWAT
LAWS(BOM)-2017-11-344
HIGH COURT OF BOMBAY
Decided on November 13,2017

State Of Maharashtra Through Police Station Officer, Police Station Channi, Akola, Tq And Distt Akola Appellant
VERSUS
Kanchan Sanjay Ghaywat Respondents

JUDGEMENT

M.G. Giratkar, J. - (1.) This is an appeal by the State/prosecution challenging the acquittal of the respondent nos. 1 to 3 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
(2.) The case of the prosecution against the respondents in nutshell is as under. (i) The respondent no. 1 Kanchan w/o Sanjay Ghaywat was the daughterinlaw of deceased Tukaram Harkuji Ghaywat. From the evidence on record, it appears that husband of respondent no. 1, namely, Sanjay died. The State Government granted compensation of Rs. 1,00,000/. Therefore, there was dispute between the wife of Sanjay, namely, Kanchan and family members of deceased. (ii) As per the evidence on record, after the death of Sanjay, marriage of Kanchan was performed with brother of Sanjay, namely, Mangesh Ghaywat. As per the evidence of Mangesh Ghaywat, within a short period from the time of marriage, Kanchan left his company and started residing with her parents at village Chondhi. (iii) As per the case of prosecution, early in the morning of 14-2-2008, all three accused entered in the field of deceased, poured kerosene and set him on fire. He was admitted in Government Hospital. P.W. 1, Executive Magistrate Shri Sanjay Garkal recorded dying declaration, Exhibit 30. On the basis of said dying declaration, crime was registered against the accused/respondents. Investigating Officer investigated the crime and filed chargesheet before the Court. (iv) Trial Court framed charge at Exhibit 13. Same was readover and explained to the accused/respondents to which they pleaded not guilty and claimed to be tried. Prosecution has examined in all 8 witnesses. Learned trial Court not relied on dying declaration, Exhibit 30 and acquitted all the accused(respondents) vide judgment dated 3112009 in S.T. No. 75/2008. Being aggrieved by the judgment of acquittal, prosecution/State filed the present appeal.
(3.) Heard learned Additional Public Prosecutor Mrs. Deshmukh for the appellant/State. She has submitted that prosecution has proved dying declaration, Exhibit 30. P.W. 1 has stated that he recorded the dying declaration. He has stated in his evidence that he obtained the certificate of doctor. Patient was in a fit state of condition to make a statement. Thereafter, he recorded dying declaration of deceased.;


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