TARABAI KAMANNA BANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by the accused in Sessions Case No. 85 of 1986 against the order of conviction and sentence under Section302 of I. P. Code passed by the II Additional Sessions Judge, Solapur vide order dated-3-1-1987.

(2.) THE said order of conviction is impugned, interalia, on the grounds, that, the Trial Court failed to appreciate and consider the evidence of the child witness Smita (PW-20); that there was no sufficient motive on the part of accused to have caused the death of her daughter-in-law Vanita; that the dying declaration of deceased Vanita (Exh.-24) is unbelievable as she was unconscious and it was not possible for her to have made the dying declaration.

(3.) VANITA expired the next morning. The offence was converted to one under Section302 of I. P. C. Inquest panchanama was made on the dead body which was then sent for postmortem examination. Burnt pieces of clothes found on the person of VANITA at the Hospital were produced by P. C. Gopinath before the P. S. O. Incriminating articles were sent to the C. A. After completion of investigation, statements were recorded and thereafter charge was filed against accused in the Court of Judicial Magistrate First Class, Court 1, Solapur. The case was thereafter committed to the Court of Sessions. Charge under Section302 of I. P. C. was framed against accused and was explained to her. She pleaded not guilty. The defence of accused is one of mere denial. However, she has admitted her presence in the house at the time of the incident. The accused claims that she also sustained burn injuries on her hand in an attempt to extinguish the fire. However, she has not examined any one in her defence nor examined herself as a defence witness but merely relied on the medical certificate Exh. 56 to prove injuries on her hand.