NAGORAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against Judgment and order dated 21-05-2010 passed by Ad-hoc Additional Sessions Judge, Kandhar, Dist. Nanded in Sessions Case No.32 of 2008 whereby convicted appellant / accused - Nagorao s/o. Hari Kamble, R/o. village Panbhosi, Tal. Loha, Dist. Nanded under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the ' I.P.C .') and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.5000/-, in default further rigorous imprisonment for two months.

(2.) Facts giving rise to the appeal, in nutshell, are as under:

(3.) On receiving information from Kadam Hospital and also wireless message received from Kandhar Police Station, Police Station Officer of Vazirabad Police Station Nanded, took entry of the said intimation in the Station Diary and directed Mr Sayyed Khalil Sayyed Ismail, Head Constable on duty (Buckle No.252) for proceeding to Kadam Hospital and recording dying declaration. Accordingly, Mr Sayyed Khalil Sayyed Ismail (PW-10) rushed to the Kadam Hospital, saw Nilavati who was under treatment there, recorded her dying declaration in presence of Dr Sanjay Kadam. Thereafter, on next day i.e. 04-06-2008 on receiving the requisition, Shri Bhagwan Dhondiram Pandit, Judicial Magistrate First Class, Nanded (PW-6) visited the Kadam Hospital and after following due procedure and after satisfying himself that Nilavati was conscious and oriented, recorded her dying declaration as per her version. Then, Mr Sayyed Khalil Sayyed Ismail (PW-10) forwarded the dying declaration of Nilavati recorded by him along with MLC letter received from Kadam Hospital, to Police Station Loha, Tal. Kandhar, in the jurisdiction of which, incident took place. After going through the papers so received, Mr G.D. Kolekar, Police Inspector, Police Station, Loha took the entry of the same in the Police Station Diary vide Station Diary Entry No.36 dated 05-06-2008 at about 04:00 p.m. and registered crime bearing No.58/2008 for the offences punishable under Sections 498-A and 307 of I.P.C. against the appellant - accused and carried the investigation.