RAJU BHAGIRATH IRCHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused - present appellant takes an exception to challenge his conviction in Sessions Case No.397 of 2010 by learned Additional Sessions Judge, Aurangabad on 17/2/2017, by holding the appellant guilty of committing offence punishable under Sec. 302 of Indian Penal Code.

(2.) The prosecution story is that deceased Shital Bansilal Manpure @ Shital Arjun Patthe @ Shital Raju Irche (as these names are appearing in the record) came to be admitted with Ghati Hospital, Aurangabad on 26/5/2010. The Medico Legal Certificate is stated to be given on 13/6/2010 to the police chowki situated within the hospital premises. She was admitted with 59% superficial to deep burns. After the Medico Legal Certificate was given, P.W.5 PHC Kautik Gore was asked by PSO Jawahar Nagar Police Station to carry out the further activities. Thereafter, he went to hospital and recorded the dying declaration around 11.40 p.m. after getting the endorsement by the medical officer that Shital was in a fit state of mind to give the statement. On the basis of said statement, offence came to be registered on 14/6/2010 under Sec. 307 of Indian Penal Code vide Crime No.96 of 2010. Thereafter, he gave letter to P.W.3 Dulaji Mendke - Naib Tahsildar cum Executive Magistrate on 14/6/2010 to record the statement of Shital. Accordingly, P.W.3 Mendke went to hospital and recorded dying declaration Exhibit-37 between 9.42 a.m. to 10.05 a.m.

(3.) It was revealed that deceased Shital was residing with the appellant and P.W.2 Akash Deepak Patthe. It was also revealed from the dying declaration and the statement of witnesses that Shital was earlier married to one Deepak Patthe. P.W.2 Akash is their son, however, at the time of incident and about four years prior to the incident, Shital was not residing with Deepak, but accused was residing with her. It is said that they were staying as husband and wife, but they were not married. After the offence was registered, investigation was undertaken. Panchanama of the spot came to be executed. Statement of P.W.2 Akash came to be recorded, so also that of the other witnesses. Shital was expired on 24/6/2010 and thereafter intimation was given to the police and then after executing inquest panchanama, the dead body was sent for postmortem and offence under Sec. 302 of Indian Penal Code came to be added. Accused came to be arrested and after the completion of investigation, charge-sheet was filed.