RASHIDA ABDUL GANI KHAIRADI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and to pay fine of Rs. 500/-, in default to suffer R.I. for one month by the Additional Sessions Judge, Solapur by a judgment and order dated 3rd May, 2006. Being aggrieved by the said judgment and order of conviction, the appellant has preferred the present Criminal Appeal. Such of the facts, which are necessary for decision of this appeal, are as under:--

(2.) The investigation was completed and the charge-sheet was filed on 27.12.2005. The case was committed to the Court of Session and registered as Sessions Case No. 15 of 2006. The prosecution examined five witnesses to bring home the guilt to the accused. The case of the prosecution mainly rests upon two dying declarations which are at Exhibits 20 and 26 and one oral dying declaration allegedly made to PW-2 Hafija Chitapure.

(3.) Pw-1 Kausar Rachbhare who resides in the neighbourhood of the accused and the deceased. PW-1 happens to be the close relative of deceased Amina. PW-2 is a panch for the spot panchnama which is at Exhibit 9. She has deposed before the Court that she lives in the neighbourhood of Eliyas. On 5.10.2005, she was summoned by the police to act as a panch. When she went in the house, she saw one plastic Can of kerosene, broken pieces of bangles and other articles. A curtain was also burnt. The police had seized the articles from the spot. In the cross-examination, she has admitted that there were black patches in the house of Eliyas. The cot was not burnt. The ceiling fan was also intact. The cardboards which were fixed below the tin sheets of the roof were also not burnt. It is pertinent to note that she has admitted in the cross-examination that the door of the house was broken. She has also admitted that Hafija is the sister of the deceased and resides close by. It is an admitted position that Amina had sustained burn injuries in her residential house. She had died due to burn injuries. The fact that the witness has deposed before the Court on oath that the door of the house was broken, it is clear that Amina was alone at home and no one had outguessed from the said house.