PAIKUJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appellant herein stands convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- in-default to suffer rigorous imprisonment for 2 months in Sessions Trial No.20 of 2005, by the Additional Sessions Judge, Kelapur, by his judgment and order dated 20.12.2006. Being aggrieved by the said judgment, the appellant has preferred the present Criminal Appeal.

(2.) The case of the prosecution, in a nutshell, is as follows :

(3.) Since the entire case rests on the dying declaration at Exh.35 recorded by PW 5, his evidence needs to be scrutinised. The evidence of PW 5 is as follows :