NAMDEO KACHARUJI MESHRAM Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER
HIGH COURT OF BOMBAY
Namdeo Kacharuji Meshram
STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER
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M. G. Giratkar, J. -
(1.) The appellant has assailed the judgment of conviction awarded by learned Ad-hoc Additional Sessions Judge, Achalpur in Sessions Trial No. 61/2002 dated 4-4-2006 by which appellant came to be convicted for the offence punishable under Section 304(II) of the Indian Penal Code.
(2.) The case of the prosecution against appellant in short is as under.
(i) On 22-2-2002, deceased Suraj Jaideorao Kumbhalwar, aged about 14 years was returning from school. Appellant/accused was quarreling with his wife. Accused called him and directed him to bring rope to kill his wife. Deceased went to his house and told him that rope was not available. Appellant got annoyed and threw burning stove on the person of deceased. Clothes of deceased caught fire. Deceased sustained burn injuries. Appellant himself extinguished the fire and thereafter taken him to Irwin Hospital at Amravati.
(ii) Dying declaration of deceased was recorded by Naib Tahsildar. On the basis of dying declaration, crime was registered for the offence punishable under Section 307 of the Indian Penal Code. During the treatment, deceased died, therefore, offence punishable under Section 302 of the Indian Penal Code came to be added. PSI Shri Berad investigated the crime. He went to the spot of incident, prepared spot panchanama, seized burn pieces of clothes, stove etc. from the spot of incident. Thereafter, he obtained postmortem report, recorded statements of witnesses and after complete investigation, filed charge- sheet before the Court of Judicial Magistrate First Class, Achalpur, who in turn, committed the same to the Court of Sessions, Achalpur for trial.
(iii) Trial Court framed charge at Exhibit 15 for the offence punishable under Section 302 of the Indian Penal Code. The prosecution has examined 15 witnesses. Statement of accused under Section 313 of the Code of Criminal Procedure was recorded. He has denied material incriminating evidence against him. After hearing the prosecution and defence, learned trial Court came to the conclusion that appellant/ accused had no any intention to kill deceased and therefore, he is convicted for the offence punishable under Section 304(II) of the Indian Penal Code.
(3.) Heard learned counsel Shri A. C. Dharmadhikari for the appellant. He has pointed out evidence on record and submitted that none of the witnesses supported to the case of prosecution. Except the dying declaration, there is no other evidence. Dying declaration appears to be doubtful and hence, prayed to allow the appeal.;
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