STATE OF MAHARASHTRA Vs. BHARATKUMAR SHANTILAL GANDHI

JUDGEMENT

(1.) THIS appeal is preferred by the State against the order of acquittal dated 30th April 1984 passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.279 of 1983.

(2.) THE case of the prosecution is that on 26.1.1983 at about 6.00 p.m. a telephone call was received by P.W.11 Kirit to the effect that his sister Rita had received burn injuries and has been removed to hospital. On receipt of this information, his brothers Rajendra and Deepak went to the house of the respondent-accused. However, the house was locked, but somebody informed them that Rita had been removed to Agarwal Hospital. Therefore, they went to Agarwal Hospital but on reaching there, they were told that Rita had been removed to Cooper Hospital. Therefore, they left for Cooper Hospital and reached there at about 8.30 p.m. where they were informed that Rita had been admitted in Ward No.6. In the meantime, Kirit (P.W.11), the elder brother of Rita, himself came to the Hospital and saw Rita lying in Ward No.6 with 100 per cent burn injuries. Kirit immediately informed the police and police came there and recorded Rita's oral statement. Thereafter the Special Executive Magistrate was also called to the Hospital where he recorded Rita's dying declaration. It reveals from the record that the accused himself had taken Rita to the hospital. It also reveals that the fingers of the accused were also burnt for which he had taken treatment. It further reveals from the record that seven statements of Rita were recorded at different times and on different occasions. They are at Exhibits 9, 17, 19, 20, 22, 27 and 28. In the hospital Rita succumbed to the injuries and died on 29-1-1983. Thereafter the body of Rita was sent for post-mortem examination. Thereafter the investigation commenced. Statements of various witnesses were recorded. After completing the investigation, charge-sheet was filed against the respondent-accused for offence punishable under section 302 I.P.C on the allegation that on 26-1-1983 at about 4.30 p.m. in his residence, the accused poured kerosene on the body of Rita, his wife, and then set fire to her saree. As a result of which she sustained burn injuries and later on she succumbed to the burn injuries and died on 29-1-1983 and, therefore, the respondent-accused had committed the murder of his wife Rita.

(3.) HEARD Mr. V.T. Tulpule, learned Public Prosecutor, for the State. He has taken us through the impugned judgment and order and the prosecution evidence. Having gone through the record and proceedings of the case, we do not find any substance in this appeal. We are in full agreement with the findings of the learned Judge and the reasonings given for discarding the prosecution evidence as the prosecution case entirely rests on the dying declarations which are held to be inconsistent with each other. This appeal challenging the order of acquittal is without any merit and the same deserves to be dismissed. In the result, this appeal fails and the same is dismissed. The bail bond of the respondent-accused shall stand cancelled.