ASHOK PANDURANG JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Order passed by the Additional Sessions Judge, Palghar in Sessions Case No.143 of 2002, convicting the Appellant, who was the sole accused in the said case, of an offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1,000/ with a default sentence of R.I. for three months. The prosecution case before the trial Court was as follows :

(2.) The prosecution examined eight witnesses before the trial Court, all of whom, except Vijay (PW 2) and Vanita (PW 3), son and daughter of deceased Sangita, respectively, have been referred to above. Vijay (PW 2) claims to be an eye witness to the incident, whereas Vanita claims to be a witness in respect of the Dying Declaration made by Sangita, by gestures, indicating that the accused had poured kerosene over her.

(3.) The Cause of Death Certificate (Exhibit 46) issued by the Chief Medical Officer, Cooper Hospital and the notes of the post mortem examination (Exhibit 47) were admitted in evidence, by consent.