SITARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed challenging the final judgment and order dated 17-6-2008, passed in Sessions Case No. 19 of 2007, by the learned Additional Sessions Judge, Shrirampur, District Ahmednagar.

(2.) THE application for leave to appeal was allowed by this Court, thereby appeal was admitted. However, the application for bail came to be rejected. Originally there were three accused persons. However, the Additional Sessions Judge, Shrirampur by the impugned judgment, has acquitted other two accused persons i.e. accused Nos. 2 and 3 and against the said acquittal, application filed by the State for leave to appeal has been rejected by this Court on 8-4-2009. THErefore, the present appeal is filed only on behalf of original accused No. 1 Sitaram Natha More.

(3.) DOCTOR Sharad Madhav Satpute P.W.10, treated deceased Alka in the said hospital. He sent memo of information to police Officer Shrirampur police station. A.S.I. Gangadhar Vishnu Auti, visited the hospital and inquired from Dr. Satpute about the fitness of deceased to make statement. Accordingly Dr. Satpute, examined deceased Alka and certified that Alka is in fit condition to make statement. Thereafter, P.W.2 A.S.I. Auti recorded statement of Alka in the hospital in presence of Medical Officer. Medical Officer made endorsement on the statement of Alka Sitaram More that she was conscious and well oriented to give statement. The said statement was recorded on 14-1-2007. On the basis of the said statement initially the offence was registered under section 307 read with Section 34 of Indian Penal Code against three accused persons.