JANRAO KHUSHALRAO BHUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal and the application preferred therein by the appellants under Sections 311 and/or 391 of the Code of Criminal Procedure are disposed by this common judgment. By present appeal, appellants/accused have thrown challenge to judgment and order dated 19th March, 2004 convicting them for commission of offence punishable under Section 302 read with 34 of Indian Penal Code and sentencing each of them to undergo imprisonment for life and pay a fine of Rs.1000/- (Rs. One thousand only) and in default to undergo R.I. for two years, passed by learned Additional Sessions Judge, Amravati, in Sessions Trial No.83 of 1997 of the said Court.

(2.) The said session case had arisen out of the charge sheet submitted by Nandgaon Peth Police Station against the appellants for commission of such offence as a result of investigation of FIR No. 16/1997 initially registered with the said police station for commission of offence punishable under Section 307 read with Section 34 of I.P.C. by PW3 API Baburao Tayde after receipt of dying declaration Exh.72 of victim Sahebrao Bhimrao Aware recorded by PW2 Prakash Dabhade, Special Judicial Magistrate at Irwin Hospital, Amravati on 2.2.1997.

(3.) It is the prosecution case that PW2 had been to said hospital after receiving letter of requisition from the Police for recording dying declaration of the said patient. PW2 had issued requisition letter Exh.71 to the Medical Officer, Ward No.4 at said hospital for examining the patient Sahebrao Bhimrao Aware resident of Nandgaon and having sustained 63 % burn injuries and certifying whether said Sahebrao was in fit condition to give a statement. PW4 Dr. Deshmukh on duty after examining Sahebrao at about 10.45 p.m. had given certificate Exh.86 upon the requisition letter to the effect "certified that patient is conscious, oriented well time and date and patient is fit for D/D".