SAMPAT DASHRATH WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) TWO Advocates filed two different Appeals for the same accused. However, we heard Mr. Jha in Criminal appeal No. 67 of 1997 and the question of hearing Criminal appeal No. 531 of 1998 does not arise. Hence Criminal Appeal No. 531 of 1998 is dismissed for technical reasons that two Appeals of the same person will not lie.

(2.) ACCUSED-appellant the husband of deceased Shalu was convicted under Section302 of the Indian Penal Code by the IInd Additional Sessions Judge, Thane, by judgment dated-2.12.1996 and it is this judgment that is being challenged in the present appeal.

(3.) DR. Ashok Gawde who was running the said hospital was called in the hospital by nurse. He asked Shalu as to how she received injuries. She narrated the incident as stated above. Thereafter P. I. Satpute came to the hospital. He recorded the statement of Shalu in which similar story was narrated by Shalu. Thereafter she was removed to city hospital, Thane.