THE STATE OF MAHARASHTRA Vs. VIKRAM RANGNATH KESHBHAT

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) The State of Maharashtra is in appeal before this Court challenging an order of the High Court by which the conviction of the accused respondent has been altered from Section 302 IPC to one under Section 304 Part I IPC and sentence is modified to the period undergone which is about five years.

(3.) We have considered the materials on record. The case of the prosecution is sought to be built on the basis of the dying declarations of the deceased and the testimony of PW-7-Rani, the minor daughter (three and half years old) in whose presence the incident is alleged to have taken place. The dying declarations clearly implicate the accused respondent and establish that it is the accused respondent who had poured kerosene on the deceased and burnt her to death. This is also the testimony of PW-7, who was also present at the place of occurrence (which fact was duly mentioned in the dying declaration of the deceased).