RAMESH RAMCHANDRA RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, along with his parents, was tried for the murder of Sangeeta under Section302 as also for treating her with cruelty under Section498/a read with Section34 of the Indian Penal Code. THE prosecution had in all examined five witnesses in support of the said charges. THE trial Court found that the allegations of ill-treatment were unfounded on account of which all the accused were acquitted of the charge under section498-A read with Section34 of the Indian Penal Code. THE appellant was, however, convicted for murder under Section302 of the Indian Penal Code and was sentenced to R. I. for life and also a fine of Rs. 300/-, in default, R. I. for one month. THE appellant was given benefit of detention period during the trial in accordance with Section428 of Cr. P. C. THE appellant challenges the said conviction and sentence in this appeal.

(2.) THE prosecution case, in brief, is that the deceased Sangeeta and the appellant were married about15 months prior to the incident. On the night of incident, which is intervening night between 22nd July, 1998 and 23rd July, 1998, the appellant poured kerosene on the deceased and set her on fire, as a result of which the deceased suffered 75 per cent burns. THE deceased was taken to the hospital and there her dying declaration was recorded by the Naib Tahsildar (PW-2) at about3. 00 a. m. Subsequently, another dying declaration was recorded by A. S. I. (PW-4) on23-07-1998. THE deceased is also reported to have made oral dying declaration to her mother.

(3.) THE prosecution case mainly rests upon three dying declarations, namely, one dying declaration recorded by Naib Tahsildar (PW-2), another dying declaration recorded by A. S. I. (PW-4) and oral dying declaration made by the deceased to her mother. We shall, therefore, deal with the dying declarations one by one.