NATHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted under Section 302 Indian Penal Code by the court of Sessions Judge, Nagpur for causing death of his wife, by pouring kerosene on her per son and setting her ablaze. The High court of Bombay has confirmed his conviction. Hence, this appeal by special leave.

(2.) The conviction of the appellant is based upon dying declarations. Apart from thethree oral dying declarations made before PW-1, Ambar, PW-2 Suresh and PW-5 Mandabai, the prosecution had relied upon two written dying declarations. The first such dying declaration was recorded by P. S. I. Mashirkar PW-6 who was then attached to Kotwali police station. After receiving a telephone message at the police station at about 3 p. m. that one woman had sustained burn injuries in Hiwari Nagar Zopadpatti near the Power House he rushed to that place and recorded the statement (Ex. 34 of Vandana. He then went back to the Police Station and registered an offence on the basis thereof.

(3.) Vandana was then taken to the Medical College Hospital. Police Inspector Dhamankar who was also attached to Kotwali Police Station and was on patrolling duty received a wireless message regarding Vandana having received burn injuries at about 4. 00 p. m. He first went to the place of the incident but on coming to know that Vandana was taken to the Medical College Hospital he went to the hospital. As her condition was serious and as the Doctor in charge certified that she was fit enough to make a statement he recorded her statement (Ex. 23 in the presence of two panch witnesses, PW-1 Ambar and Janardan Vithobaji Bhanarkar. It was recorded at about 5 p. m. Police Inspector Dhamankar was not then aware of the fact that an offence was already registered at the Police Station.