SHANKAR KESHAV MADANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction and sentence passed on 12. 1. 2000 by Additional Sessions judge, Islampur in Sess. Case No. 3. 30/99 the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal and as verbally canvassed by the learned advocate appearing on behalf of the appellant before us.

(2.) WITH the assistance of the learned counsel for the defence and the prosecution we have scrutinized the record and reappreciated the evidence.

(3.) THE prosecution story on reappreciation of evidence on record stated briefly is that the accused and his wife were married and they had three issues borne out of the wedlock. There used to be frequent quarrels between the man and the wife. On 26. 3. 1998 in the night at about 8. 30 the victim was preparing food and was burnt. She was admitted to hospital where two dying declarations of the victim were recorded by the Special Executive Magistrate. Accepting one dying declaration the learned trial Judge has convicted the accused-appellant as aforesaid. That order is challenged before us.