SHEIKH MEHEBOOB ALIAS HETAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these three accused, who were convicted under Section302 read with 34 of Indian Penal Code and sentenced to imprisonment for life and fine by the 2nd Additional Sessions Judge, Akola, by his judgment dated-5th November, 1999, have preferred this appeal challenging their conviction.

(2.) WE have heard Mr. V. R. Manohar, learned Senior Counsel for the accused - appellants and Mrs. Jog, learned Additional Public Prosecutor for the respondent - State.

(3.) ASSAILING the conviction, Mr. Manohar contended that the dying declaration heavily relied on by the trial Court was full of defects, was not trustworthy and there were several discrepancies in the dying declaration. Firstly, it was not sufficient to identify all the accused and fix their responsibility; secondly, the role attributed by the accused was not specific; thirdly, there was no mention of presence of father as an eye-witness at the time of incident of extinguishing fire or bringing Lalitkumar to the hospital; fourthly, the neighbours, who had brought Lalitkumar to the hospital and about whom there was reference, were not named nor examined; fifthly, there was no endorsement that dying declaration was read over and Lalitkumar admitted contents thereof to be true and correct, that there was no certificate about the mental fitness of the patient - Lalitkumar, and lastly, vital sentence in the dying declaration was scored out for which there was no explanation.