PARVATIBAI SAMBHAJI AAMRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order of conviction dated 22.04.2014 passed by the Additional Sessions Judge-1, Nanded in Sessions Case No. 42 of 2012.

(2.) Brief facts giving rise to the present appeals, are as follows:-

(3.) Learned counsel for the appellants submits that the prosecution case entirely rests upon dying declarations Exh.24 and 48 respectively. There is no direct evidence in this case. Learned counsel submits that the said dying declarations are not consistent on material parts and there is no corroboration to the said dying declarations. P.W.6 Pundlik Zunjare the Special Judicial Magistrate has admitted that the appellants and relatives of deceased Pushpa met her in the hospital when he visited the hospital for recording the dying declaration. Thus, the possibility of tutoring cannot be ruled out. Learned counsel submits that P.W.6 Pundlik Zunjare has not satisfied himself as to the conscious state of mind of deceased before recording her dying declaration. There is no evidence that deceased Pushpa was subjected to cruelty by the appellants- accused for the reason that they did not like her. The prosecution has not examined any witness on the point of cruelty at the hands of appellants-accused. Learned counsel submits that P.W.1 Balaji Lonwade, the panch witness to the spot panchanama Exh.26 and panch witness P.W.2 Sadashiv Tande for the seizure of clothes of deceased Pushpa Exh.27 have not supported the prosecution case and those panchanmas are exhibited merely on the basis of evidence of P.W.3 A.P.I. Kamlakar Patil.