RAMBHAU DHARMA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for the murder of his wife under Section 302 of I. P. C. and has been sentenced to undergo imprisonment for life and fine of Rs. 500/- in default R. I. for six months for the said offence. He was also charged for the offence under Section 498a of I. P. C. in respect of which he was acquitted. THE appellant challenges the conviction and sentence in this appeal.

(2.) IN trial eight witnesses were examined. The appellant had examined two witnesses including himself in his defence in order to establish alibi. The trial court accepted the dying declaration recorded by the Executive Magistrate, P. W. 5 Jagannath Katale in the presence of Medical Officer Dr. A. G. Baikerikar, P. W. 8.The trial court rejected the alibi put up by the appellant.

(3.) LEARNED A. P. P. on the other hand, urged before us that there is no infirmity in recording the dying declaration and the dying declaration brings home the guilt of the appellant and that it was the appellant who had poured kerosene on the deceased on account of which she died. It is further contended that the evidence on record has been properly appreciated and there is no reason whatsoever to interfere with the findings.