UTTAM ANNA LANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Appeal filed under Sec. 374 of the Code of Criminal Procedure, 1973, the Appellant seeks to challenge the Judgment dtd. 15/9/2011 passed by the learned Sessions Judge, Pune, in Sessions Case No. 556 of 2010, whereby the Appellant is convicted for committing an offence punishable under Sec. 302 of the Indian Penal Code, 1860. He was sentenced to undergo imprisonment for life together with payment of the fine of Rs.500.00 and in default of payment of fine, he has been sentenced to undergo rigorous imprisonment for six months.

(2.) Background facts, in a nutshell, are as follows:

(3.) To prove its case, the prosecution examined as many as seven witnesses and tendered a number of documents. The evidence of the prosecution can be conveniently classified into three parts. Firstly, the dying declaration allegedly made by the deceased, which was sought to be proved through the testimony of PHC Shashikant Waghule (PW1) and Dr Raghvendra Chalikwar (PW2). Secondly, the medical evidence formed by the testimony of Dr Raghvendra Chalikwar (PW2), Dr Madhav Waghmare (PW4) and Dr Ashwin Masane (PW5), and the documents came to be proved in their evidence. Thirdly, circumstantial evidence in the nature of the Scene of Occurrence Panchnama and Chemical Analyzer 's Report. After the completion of prosecution evidence, the statement of the accused was recorded under Sec. 313 of the Code of Criminal Procedure, 1973, wherein the entire incriminating evidence was put to the accused. In reply, the accused pleaded innocence and false implication at the instance of the deceased 's brother. According to him, Sangita sustained burn injuries from the bursting of a kerosene stove while cooking a meal.