SURENDRA RUDRA PRATAP SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal questions the legality of Judgment and Order dated 14th/16/10/2014 passed by Additional Sessions Judge, Greater Bombay (for short "Trial Court ") , in Sessions Case No.22 of 2013 convicting Appellant under Sec. 235(2) of Criminal Procedure Code, 1973 (for short "Cr.P.C. ") for offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short "IPC ") and sentencing him to suffer imprisonment for life and to pay fine of Rs.25,000.00 and in default thereof to suffer further imprisonment for 6 months. Appellant is also convicted under Sec. 498-A IPC and sentenced to suffer imprisonment for three years and to pay fine of Rs.5,000.00 and in default thereof to suffer further imprisonment for 6 months; both sentences to run concurrently.

(2.) The facts which emerge from the record for consideration are as follows.

(3.) As stated two dying declarations were recorded. First dying declaration was recorded on 9/10/2012 by PW-9 - first Investigation Officer (for short "IO ") immediately on her admission to the hospital whereas second dying declaration was recorded on 13/10/2012 by PW- 10 - IO in the presence of PW-4 - Special Executive Officer. The second dying declaration bears endorsement of PW-2 - Doctor Hemant Sanghvi who was treating Soni.