DURYODHAN PARASHRAM BORKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Daga, learned counsel for the appellant and Mr. Dhote, learned A. P. P. for State.

(2.) THE appellants came to be arrested and charged for having committed murder of Ratna who was eldest daughter of Smt. Lobha w/o Pandurang Bedarkar (original no. 1 ). On 13/5/1994 in the after noon victim died as she was doused in kerosene by the appellant accused Duryodhan and was set on fire by her own mother. THE learned Session Judge vide his judgment and order dated 1/7/1995 passed in Sessions Case No. 179 of 1994 found Duryodhan as well as Smt. Lobha guilty of having committed offence under section 302 read with section 34 of I. P. C. , and convicted them to suffer imprisonment for life. It is this judgment and order which has been challenged before us in this appeal.

(3.) MR. Daga, learned counsel appearing for the appellant accused submitted that this is a case which hinges on the sole testimony of eye witness who happened to be the daughter of accused no. 2, and that Ashvina (P. W. 4) at that time she has witnessed the incident was hardly 11-12 years old and therefore, a child witness and it is in this background the court will have to weigh her evidence with the necessary care and caution required to be taken while appreciating the evidence of a child witness. MR. Daga submitted that Ashvina (P. W. 4) is younger sister of Ku. Ratna - victim in the case and that her evidence and so also alleged dying declaration made by Ku. Ratna will have to be tested in the light of family background as it has much relevance particularly so when the mother of the victim and Ashvina Smt. Lobhabai is accused in the case was residing with accused Duryodhan as his mistress. It is but natural that the children would not like it and therefore, it can not be ruled out that they have gone to the extent of implicating their mother and Duryodhan with whom she was residing and therefore it is with said grudge and vengeance they did not spare their mother. It is submitted that Ashvina (P. W. 4) was tutored to implicate her mother and Duryodhan by taking advantage of the fact that Ratna got burnt.