SARANGDHAR RAJARAM TEMBHIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant along with six others was tried for murder of his wife by burning her. They were also tried for subjecting the deceased Mangala to cruelty etc. under Section 498-A of I. P. C. All the other accused were acquitted of both the charges and the appellant was also acquitted of the charge under Section 498-A of I. P. C. However, the appellant was convicted for the murder of his wife Mangala under Section 302 of I. P. C. and he was sentenced to suffer imprisonment for life. The appellant challenges his conviction and sentence imposed under Section 302 of I. P. C.

(2.) THE prosecution had examined 5 witnesses in support of the charge. The plea taken by the appellant is alibi and to establish the same three defence witnesses were examined. The trial Court has disbelieved the defence and found that the Dying Declaration was truthful, reliable and inspired confidence.

(3.) THE learned Advocate for the appellant urged before us that it is admitted by Dr. P. W. 2 Milind that the deceased was given sedatives, and had suffered 98% burns, as a result of which it would be doubtful whether the deceased would be in a position to make any statement. He also urged that the deceased was surrounded by her relatives before her Dying Declaration was recorded and as such the possibility of the deceased being tutored to implicate the appellant cannot be ruled out. In addition, it is urged by him that there is no reason whatsoever to discard the defence evidence and the trial Court had erred in rejecting the defence version, when the defence witnesses withstood at the test of cross-examination and their testimony could not be shaken. At any rate, it is urged that keeping in view the evidence on record the appellant would be entitled to benefit of doubt and as such he be acquitted.