ANJANABAI A PENDHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 28/03/2003 passed by the 2nd Additional Sessions Judge, Malegaon in Sessions Case No.12 of 1997 whereby the Sessions Court convicted the appellant for offence punishable under section 302 of the Indian Penal Code and sentenced her to undergo imprisonment for life and to pay fine in the sum of Rs 100/in default to suffer undergo R I for six months , the appellant has preferred this Appeal before us.

(2.) Brief facts necessary for the disposal of this appeal are as follows:

(3.) The police were informed of this incident by PW 3 Shri Udaysingh, Police Patil of village Lohaner, PW 6 Shaikh Munir, A.S.I. upon written direction (Ex 23) from Police Station officer, Shri Ahire, on 22/01/1996 went to Satana Rural Hospital and recorded a complaint of Jeejabai, since she was giving coherent answers to his questions and was mentally fit to give her statement (Ex 22). It is the further case of the prosecution that on 22/01/1996 crime No. 9 of 1996 was registered at Satana Police Station under section 307 of the 4 Indian Penal Code. PW 8 who took up the investigation and went to village Lohaner and recorded spot Panchnama (Ex 13) and seized articles from the spot. Investigating Officer had also recorded statements of neighbourers and the relatives of Jeejabai. Dying declaration of Jeejabai was recorded at Dhule. Jeejabai expired, while she was under Medical treatment, the offence was altered to section 302 IPC in place of Section 307 of IPC. At Dhule, Inquest Panchnama was drawn. Muddemal articles were referred to Chemical Analyzer for Chemical Analysis. C.A Certificates were received (Ex 29). Residues of kerosene were found on the pieces of clothes seized from the spot.