IQBAL MAHIBOOB MOMIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and Order dtd. 29/03/2018 passed by the Additional Sessions Judge, Solapur in Sessions Case No.196 of 2015. The Appellant was the sole accused in the trial. By the impugned judgment and order the Appellant was convicted for an offence punishable under sec. 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 and in default of payment to suffer rigorous imprisonment for six months. Though he was also charged under sec. 323 of the IPC, no separate sentence was awarded under that sec. . He was given set off as per sec. 428 of Cr.P.C. for the period already undergone in prison.

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

(3.) In support of its case, the prosecution has examined Lalbi Kasim Momin. She is a neighbour. She had seen the deceased when she was engulfed by fire. She is an important witness. P.W.2 Rajiya Khwajabhai Momin is the mother of the deceased. She had admitted the deceased to the hospital. According to her the deceased had narrated about the incident to her. This narration amounts to oral Dying Declaration. P.W.3 Rajendra Thanu Rathod was Police Head Constable attached to Akkalkot South Police Station. He had recorded the statement of the deceased and it was treated as the FIR. P.W.4 Shivanand Nagappa Patil was a Pancha for spot panchanama from where various articles viz. small kerosene lamp, match box and clothes of the deceased were seized. The offence was registered vide C.R.No.65/2015 at Akkalkot South Police Station. P.W.5 Kiran Digambar Jamdade was Naib Tahasildar and he had recorded the Dying Declaration of the deceased on receiving the requisition letter of the police. P.W.6 Dr.Anant Vijay Chopade was the Medical Officer, who had given endorsement about the fitness of the deceased on both the Dying Declaration. P.W.7 Chandrakant Raghunath Shirke was the Investigating Officer. He had recorded statement of witnesses, carried out Panchanamas, collected post-mortem report, C.A. report etc. and then had handed over the investigation to P.I. Shelake, who had filed the charge-sheet.