ISHWARCHAND AMICHAND GOVADIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Appellants call in question legality of the judgment rendered by a learned Single Judge of the Bombay High Court dismissing the Criminal Writ Petition no. 1770/2004 filed under Article 227 of the Constitution of India, 1950 (in short the 'Constitution'). Background facts in a nutshell are as follows:

(3.) Appellants are facing trial for alleged commission of offences punishable under Sections 306, 498A read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'). The case of the prosecution is that Sharmila, daughter of the complainant was married to appellant no.3 and appellant nos. 1, 2 and 4 are her father-in-law, brother-in-law and mother- in-law respectively. The Sessions Case No. 3791 of 2003 is pending trial in the Court of IV Additional Sessions Judge, Thane. An application was filed before the Trial Court by the complainant through the prosecuting counsel for producing the death certificate dated 10.4.2004 indicating cause of death as certified by Dr. R.M. Dhotre. The accused persons opposed acceptance of the document as evidence on the ground that along with police papers a certificate of death, dated 18.5.2000 by Dr. R.M. Dhotre, was filed which stated the probable cause of death to be cardio respiratory failure due to acute respiratory failure. In the subsequent certificate a different cause of death was indicated. That being so, it was submitted that the subsequent certificate should not be taken on record.