SANJAY KALAPA BANSODE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 1000/ -, in default of which to undergo further RI for six months, by the 6th Ad -hoc Additional Sessions Judge, C.R. No. 6, Sewree, Mumbai, by judgment dated 30/07/2005, in Sessions Case No. 860 of 2004, by this appeal questions the correctness of his conviction and sentence. Facts in brief as are necessary for the decision of this appeal may briefly be stated thus: -

(2.) ON committal of the case to Court of Sessions, trial court, vide Exh. 3, framed charge against the appellant for offence punishable under Section 302 of the IPC. The appellant denied his guilt and claimed to be tried. Prosecution, in support of its case, examined 10 witnesses. The defence also examined 10 witnesses. The trial court, upon appreciation of the evidence of the witnesses examined during the trial, came to the conclusion that the prosecution had proved the offence against the appellant beyond reasonable doubt and accordingly convicted and sentenced the appellant.

(3.) PROSECUTION has examined PW 6 - PSI Anil Patil, who has recorded the statement of Geeta at Exh. 17. PW 6 - PSI Anil Patil deposes that he along with PI More, one constable and PW 3 - Sheela Yadav, had gone to the Bhagwati Hospital. Initially, dying declaration of Geeta was recorded by PW 3 - Sheela Yadav and thereafter PW 6 - Anil Patil recorded the statement of Geeta. He deposes that thereafter an offence, vide Crime No. 216 of 2004, was registered under Section 307 of the IPC. He has admitted that he had taken PW 3 - Sheela Yadav along with him at the time when he had gone to the hospital. According to him Geeta had sustained 55 to 66 percent burn injuries. He could not state the time when they had reached the Bhagwati Hospital.