RAJENDRA RAMDAS KOLHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present criminal appeal, the appellant has questioned the correctness and legality of the judgment and order dated 23.07.2008 passed by the 3rd Ad Hoc Additional Sessions Judge, Ambajogai in Sessions Case No.60/2006. By the said judgment and order, the appellant is convicted for an offence punishable u/s 302 r/w 34 of the Indian Penal Code and is sentenced to suffer life imprisonment and to pay a fine of Rs.25,000/-, in default to suffer Simple Imprisonment for two months.

(2.) '' At the outset, the facts, which gave rise to file the present appeal, can be summarized thus-

(3.) '' Evidence of PW7 Shaikh Chand Sayyad, who is the next door neighbour residing in the police colony, is on the similar lines. He has also stated that when he reached in the hospital he did not find the appellant and his brother there. On his enquiry, Rekha had informed him that her parents in law misinformed the appellant that she was not behaving properly and not handing over her salary to them and therefore the appellant and his brother set her on fire. In the cross examination of this witness it is brought on record that he collected the telephone numbers of the relatives of Rekha from her and intimated them about the incident. It is also brought on record that when he was present in the hospital, ASI Dake (PW-6) came there and at that time PSO Bashir was also present there. At the request of Rekha he had given telephonic message to her parents and relatives at Ashti. The evidence given by him about the oral dying declaration given by Rekha to him is not shaken even in his cross-examination. Nor the evidence given by him about the presence of appellant and his brother at the spot at the relevant time is challenged.