SHIKRISHNA JAGAN HIWARALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 16-12-2008 passed by the Adhoc Additional Sessions Judge-4, Nagpur, in Sessions Trial No. 314 of 2008, convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/- in default to suffer further R.I. for six months, the present appeal was filed by the original accused - appellant Shrikrishna Jagan Hiwarale. In support of the appeal, the learned Counsel for the appellant made the following submissions.

(2.) Per contra, the learned APP supported the impugned Judgment and order and prayed for order of conviction and dismissal of appeal. He argued that there is voluminous evidence in the form of various Dying Declarations with which no fault can be found out. Not only that, but there are two oral Dying Declarations which have been believed by the learned Trial Court in addition and thus, there is evidence in the form of corroboration also. The appellant behaved in a cruel manner with his wife and burnt her and, therefore, the appeal is liable to be dismissed.

(3.) With the assistance of the learned Counsel appearing for the rival parties, we have gone through the entire evidence recorded by the learned Trial Court. We have perused the impugned Judgment and order. We have heard the learned Counsel for the rival parties.