STATE OF MAHARASHTRA Vs. ASHOK KERBA SHENDKAR

JUDGEMENT

(1.) THIS is an appeal filed by the State for setting aside the Judgment and order passed by the additional Sessions Judge, Pune on 2. 12. 1992 in sessions Case No. 73 of 1992, by which the Trial Court has acquitted the respondent (hereinafter referred as "accused") from the charge punishable under section-302 of the Indian Penal Code.

(2.) THE brief prosecution case is as under:

(3.) AFTER committal of the case, at the trial, the prosecution examined in all five witnesses. Though the area where the house of the accused was situated is a crowded area, the prosecution has examined only one neighbour i. e. P. W. No. 1 Smt. Moharbai Merwade. Special Judicial Magistrate P. W. No. 2 Rajaram Retawade was examined to prove the dying declarations dated 3. 10,. 1991 and 4. 10. 1991 (Exh. s 12 and 14 respectively ). P. W. No. 3 Dr. Laxman Pherwani was examined to prove the post mortem notes (Exh. l6 ). P. W. No. 4 Dr. Dattu Nikam who was the Medical Officer attached to Sasoon Hospital was examined in order to prove an oral dying declaration said to have been made by Shalan to him at the time of her admission in the hospital when he was taking down the history of the case. P. W. No. 5 was examined as Investigation Officer and he proved the Dying Declaration ( Exh. 19) said to have been made by Shalan to him.