EKNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed challenging the final judgment and order dated 16-10-2008 passed by the Additional Sessions Judge, Jalgaon in Sessions Case No. 199 of 2007, whereby the appellant / accused is convicted for the offence punishable under section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.3,000/- i/d to suffer rigorous imprisonment for one year. The accused is also convicted for the offence punishable under section 498-A of IPC and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2,000/- i/d to undergo further rigorous imprisonment for six months.

(2.) The factual matrix of the prosecution case is as under :

(3.) Learned counsel appearing for the appellant submitted that if both the dying declarations which are at Exh.17 and 19 are perused carefully, there are contradictions in it. It is submitted that in the dying declaration recorded by Executive Magistrate, Sahebrao Ramchandra Patil, PW 2 the name of children are missing. However, the name of children are mentioned in the dying declaration at Exh.19 recorded by PW 3. It is submitted that in dying declaration at Exh.17 recorded by Executive Magistrate, it is stated "she was in sleep in between 20 to 21 hours".