RAISODDIN MAINODDIN KAZI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused no.1, who is the husband of deceased Firdosbee is before this court, since he is aggrieved by the judgment and order of conviction recorded against him by the Additional Sessions Judge, Beed, dated 7.12.2011, in Sessions Case No. 92 of 2011, for the offence punishable under section 302 of the Indian Penal Code, by which he is sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2,000/-, in default of payment of fine further to suffer rigorous imprisonment for six months.

(2.) Shorn of details of the prosecution case can conveniently be stated as under :- On 8.10.2010, Dr. Pravin Deshmukh (PW 7) was discharging his duties as Casualty Medical Officer at the Civil Hospital, Beed. At about 10.45 p.m. a burnt patient Firdosbee w/o Raisoddin Kazi was brought to the hospital by her relatives. Dr. Deshmukh, on examination and after giving preliminary treatment, filled M.L.C. Case paper and shifted patient to Burn Ward and he intimated the same to the police.

(3.) In the mean time, on getting the information from police, Shankarrao Munde (PW 5), who at the relevant time was serving as the Naib Tahsildar, also reached to the hospital along with the station officer. They went to the Casualty room of the doctor. The Naib Tahsildar expressed his desire to record the statement of Firdosbee, and therefore, he asked the doctor to examine whether Firdosbee is in fit condition or not to give her statement. Dr. Pravin Deshmukh was the doctor. He again examined patient and gave his opinion that Firdosbee is in a fit condition to give her statement. Accordingly, her statement was recorded. The said statement is at Exh.36.