ASHOK KONDIBA WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri. Daga, learned Counsel for the appellants, and Shri. Loney, learned Additional Public Prosecutor for the respondent.

(2.) THE criminal appeal is directed against the judgment and order dated-7.9.1998 passed by the Second Additional Sessions Judge in Sessions Trial No. 14/1998 whereby appellants are convicted for the offence punishable under Section302 read with Section34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life and pay fine of rupees two hundred, in default of payment of fine, to suffer rigorous imprisonment for six months.

(3.) LEARNED Counsel Shri. Daga states that in Exh. 46, the case of the prosecution is that accused Ashok Kondiba Waghmare fell down deceased Suresh and accused Padma Shamrao Kakde helped him in doing that and at that time, accused Asha Suresh Khade poured kerosene on the person of deceased Suresh and set him on fire. It is contended that story put forth by deceased Suresh in Exh. 46 is totally different and distinct than the story put forth by him in Exh. 43, i. e. dying declaration recorded by the Special Executive Magistrate. It is further contended that so far as Exh. 43 is concerned, it is stated by deceased Suresh that on22.11.1997, his divorced wife accused Asha called him at about7 p. m. and it was dark at that time. She had a bottle of kerosene with her, she poured kerosene on his person and set him on fire. It is submitted that there is no whisper about the name of other accused, i. e. Ashok Kondiba Waghmare and Padma as well as about their participation in the crime in question. It is also contended that in view of above evidence on record, serious doubt is created about authenticity of this document.