THE STATE OF MAHARASHTRA Vs. MADHUKAR BALIRAM SURVASE

JUDGEMENT

(1.) This appeal is filed by the State of Maharashtra, aggrieved by judgment and order passed by the 2nd Additional Sessions Judge, Osmanabad on 7 th December, 1995 in Sessions Case No. 97/1993, thereby acquitting the Respondents for the offence punishable under sections 498A and 302 r/w 34 of I.P. Code and also acquitting the Respondent no.2 i.e. accused no.2 for the offence punishable under section 452 of I.P. Code.

(2.) The case of the prosecution, in brief, is as under :

(3.) The learned Additional Public Prosecutor invited our attention to the Dying Declaration of Indubai (now deceased) and submits that, it is specifically stated in the Dying Declaration that, accused Subabai Pandhari Kamble came to the house of Indubai and poured kerosene from the kerosene bottle available in her house and set her on fire. It is submitted that, the said Dying Declaration is proved through the Police Officer, who recorded the same and also through the Medical officer, General Hospital, Osmanabad. The learned Additional Public Prosecutor also invited our attention to the evidence of other witnesses, spot panchanama, postmortem report and submits that, the appeal deserves to be allowed.