ANTU MAHADU DHAVADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant before us is an old man, 68 years of age, who has been convicted for offence under section 302 of the Indian Penal Code and has been sentenced to imprisonment for life by the learned Additional Sessions Judge, Pune.

(2.) As will be presently pointed out, the evidence led by the prosecution cannot sustain the order of conviction passed by the learned Judge and all the same for a period of nearly 3 years this old man has been languishing in jail. We cannot help feeling deepest regrets for the accused on this account.

(3.) The prosecution case, which is based mainly on one of the several documents posing as dying declarations, is as follows :---