RAHUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for an offence punishable under section 498-A of I.P.C. and sentenced to simple imprisonment for two years and to pay fine of Rs. 10,000/-, in default of which to undergo further S.I. for six months and imprisonment for life and to pay a fine of Rs. 10,000/-, in default of which to undergo further R.I. for one year, by the Additional Sessions Judge, Udgir, by judgment dated 30.6.2011 in Sessions Case No. 21 of 2010, by this appeal questions the correctness of his conviction and sentence. Facts in brief as are necessary for the decision of this appeal may be stated thus:-

(2.) P.W.6 Police Constable Suryawanshi, who on 27.9.2009 was attached to the Police Chowky of Civil Hospital at Udgir, received an M.L.C. from the Civil Hospital, Udgir at Exh. 63 regarding admission of injured Priti with 100% burns. P.W.6 Police Constable Suryawanshi, therefore, proceeded to the ward and ascertained from the Medical Officer if Priti was in a fit condition to give her statement. The Medical Officer opined that Priti was in a fit condition to give her statement and, therefore, her statement was recorded at Exh. 64. A requisition was issued to the Tahsildar for recording the dying declaration of Priti. P.W.5 Shaikh Mahemood Abrar Hussain, a Naib Tahsildar at Udgir, was informed on telephone for recording the dying declaration of Priti who was admitted in the Civil Hospital. He received the memo at Exh. 52 for recording the dying declaration. He accordingly proceeded to the Civil Hospital, Udgir and ascertained from the Medical Officer if Priti was in a fit condition to give her statement. Accordingly statement of Priti was recorded at Exh. 53.

(3.) Post mortem on the dead body of deceased Priti was conducted by P.W.9 Dr. Vijay Dhavle. P.W.9 Vijay Dhavle noticed that deceased Priti had sustained 91% burns and her skin was peeled at places. He, therefore, opined that cause of death was hypo volemic shock due to 91% superficial to deep burns. The post mortem report is at Exh. 78.