RAMA RAJDHAR KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE two appellants are convicted in Sessions Case No. 80/95 of offence punishable under section 302 read with 34 of I. P. C. by the V Additional Sessions Judge, Jalgaon. Each of them is sentenced to R. I. for life and to pay fine of Rs. 1000/- in default of payment of fine R. I. for 6 months. Hence this appeal against the order of conviction and sentence.

(2.) THE prosecution is relying only on the Assistant Police Inspector Shri Mohadikar who recorded statement of injured Deoram Shripat Dhangar on 4-12-1994 when the later was in the Rural Hospital, Edalabad. The A. P. I. in his deposition at Exhibit 22 has stated that he received information from the hospital that injured person was admitted in the hospital. Then he went to the hospital, he made queries with the Medical Officer whether the patient was in fit condition to make the statement and the Medical Officer told that the patient was in fit condition to give the statement. The A. P. I. then recorded statement of Deoram and he also obtained certificate regarding fitness of the patient to make the statement, from the Medical Officer. The statement was recorded between 12. 50 p. m. to 1. 10 p. m. on 4-12-1994 and the Crime No. 152/94 was then registered at the Police Station for offence punishable under section 307 read with 34 I. P. C.

(3.) THE A. P. I. took up the investigation, recorded the statement of witnesses, prepared panchanama of the place of incident and he even arrested both the accused. On 7th December, 1994 Deoram expired while being given treatment in the hospital. So the crime of offence punishable under section 302 I. P. C. was added. On completion of investigation, charge-sheet was submitted before the J. M. F. C. , Edalabad and then the J. M. F. C. , Edalabad committed the case to the Court of Sessions, Jalgaon.