SANDEEP @ JOUNTY MAHADEO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants have challenged the Judgment and order dtd. 14/12/2015 passed by the learned Additional Sessions Judge, Kolhapur in Sessions Case No. 114 of 2014, whereby both the Appellants were convicted for commission of the offence punishable under sec. 302 r/w. 34 of the Indian Penal Code (for short 'IPC '). They were sentenced to suffer Imprisonment for life and to pay a fine of Rs.5000.00 each. The Appellant No.1 was convicted for the offence punishable U/s.504 of IPC and was sentenced to suffer R.I. for one year and to pay a fine of Rs.1000.00. The sentences awarded to the Appellant No.1 were directed to run concurrently. The Appellant No.2 was acquitted for the offence punishable under Sec. 504 and 506 r/w. 34 of IPC. The Appellant No.1 was acquitted for commission of offence punishable U/s.504 of IPC.

(2.) The prosecution case, in brief, is as follows:

(3.) In the evening, exploratory and other surgical procedure was performed on Dhananjay. He survived for a few more days and on 29/03/2014 he died. He had developed septicemia. The appellants were arrested. The F.I.R. in this case, was lodged by the brother of the deceased. The investigation was conducted and the charge-sheet was filed. The case was committed to the court of sessions. During trial, the prosecution examined as many as 22 witnesses. Most of the pancha witnesses turned hostile. The prosecution case rests on the circumstantial evidence and mainly on the oral dying declarations.