RAJU RANGNATH KOLTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant appeal under Sec. 374 of the Code of Criminal Procedure [Cr.P.C.], is directed by the appellant/convict against the judgment and order dtd. 27/5/2016 passed by learned Additional Sessions Judge, Vaijapur in Sessions Case No. 81 of 2014 by which appellant came to be held guilty and so convicted and sentenced for commission the offence punishable under Sec. 302 of the Indian Penal Code [IPC]. FACTS IN BRIEF GIVING RISE TO THE SESSIONS TRIAL

(2.) Deceased Manisha was married to accused Raju around 9 years prior to the incident. Accused was a driver by occupation. According to prosecution, after a year or two, accused started ill-treating deceased Manisha and beat her after getting drunk. Because of such treatment meted out to her, her father PW1 Tarachand brought both of them to reside at Waluj and thereafter, at his own village i.e. Dhamori and they were put up in a rented premises owned by PW7-Kavita.

(3.) On 14/4/2014, Manisha suffered burns and was resultantly shifted to hospital. There she gave dying declaration Exhibit 43 recorded by PW10 PSI Vyankatesh Ranvirkar, on the strength of which crime came to be registered. While undergoing treatment, Manisha succumbed to the burn injuries and therefore, crime was converted from Sec. 307 to Sec. 302 of IPC. After completing all procedural formalities, accused came to be chargesheeted.