RAMSAGAR RAMSEVAK MISHRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction dated 2.11.1999 passed by the learned Additional Sessions Judge, Kalyan, in Sessions Case No. 67/98 the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal and verbally canvassed before us by the learned advocate appearing on behalf of the appellant-accused.

(2.) THE prosecution story stated briefly is that in the night of 16.11.1997 Meena Mishra was put on fire by her husband the present appellant. She was admitted to hospital by the neighbours where her dying declaration was recorded. After her death investigation was commenced and the accused was prosecuted under section 302 IPC along with 498A of IPC. The prosecution examined in all seven witnesses in support of its case that the accused was responsible for the murder of his wife by putting her on fire and burning her to death.

(3.) P .W. 2- Dadasaheb More who on learning the incident called Executive Magistrate to the hospital where Executive Magistrate recorded dying declaration. P.W. 3 is the Executive Magistrate who recorded the dying declaration and proved the same. P.W. 4- Gautam Kamble is the neighbour of the deceased and accused who deposed to the previous torture by husband to the wife. P.W.5- Mumaya Mosumdar is also a neighbour who deposed that she was told her the deceased that she was burnt by her husband by pouring kerosene. P.W.6- Dr. Sushreta Sakalkar conducted the post mortem and was also present when the dying declaration was recorded. She has deposed that it was recorded when the victim was in condition to speak coherently and properly. P.W.7-Ramesh Sonar is the Investigating Officer who has proved the documents executed by him during investigation as also seized by him during investigation. Relying upon this evidence the learned Judge has recorded order of conviction as aforesaid.