(1.) 1. The State of Maharashtra has prayed for confirmation of death sentence awarded by the learned Additional Sessions Judge, Shrirampur against the accused No.1 - Nisar Ramzan Sayyed in view of provisions of Section 368 of the Code of Criminal Procedure.
(2.) THE learned Additional Sessions Judge Shrirampur framed charge under sections 302, 498-A read with 34 of the Indian Penal Code on 15th March 2011 against six original accused including present accused appellant Nisar Ramzan Sayyed. By judgment and order dated 22nd September 2011 the learned Judge acquitted original accused Nos.2 to 6 of the charges levelled against them. Accused No.1-Nisar Ramzan Sayyed was convicted for offence punishable under section 302 of the Indian Penal Code and sentenced to death.
(3.) THE prosecution case is that at about 10.55 am Circle Inspector of Wadala PW 6 Ramesh Pagar recorded statement of Summayya (Exhibit 61. wherein she claimed that her husband and others set her on fire as husband was demanding fifty thousand rupees. PW 7 Bhausaheb Argade, Police Station Officer at Sonai Police Station also recorded statement/dying declaration of Summayya (Exhibit 67. between 10.40 am and 11.05 am on 29-10-2010 in the said hospital. In the said statement Summayya blamed accused No.1 Nisar Sayyed for setting her on fire and for throwing her three year old son on her person. She stated that other accused persons were standing at the door at that time.
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