UTTAM PRABHAKAR BAGUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence of the appellants for the offences punishable under Sections 498A and 306 read with Section 114 Indian Penal Code by the judgment and order dated 30th March, 1994 by the Sessions Court at Bombay. Appellant no. 1, the husband of the deceased has been convicted of both the offences and sentenced to suffer rigourous imprisonment for three years alongwith fine for each offence. Appellant no. 2, the mother-in-law has been convicted for the offence punishable under Section 498A Indian Penal Code and sentenced to suffer rigourous imprisonment for 6 months. The brief statement of facts necessary for consideration of the appeal is as follows :-

(2.) The prosecution examined 7 witnesses to establish its case. These included victim's father P.W. 1, Special Executive Magistrate P.W. 2, neighbours P.W. 3 and P.W. 4, Dr. Kulkarni P.W. 5, S.I. Sakunde P.W. 6 and Dr. Seema Doshi, P.W. 7. The appellants also examined 6 witnesses, 5 of whom were the immediate neighbours. The Sessions Court on it's appreciation of the evidence convicted the appellants and acquitted accused no. 3, the father-in-law.

(3.) Since the entire case of the prosecution rests upon two dying declarations recorded with short interval, it will be convenient to look into the same before touching upon any other aspect of the matter. As already mentioned above, the first dying declaration is by S.I. Sakunde (P.W. 6) and the other is by Special Executive Magistrate (P.W. 2). The evidence of these two witnesses coupled with the evidence of the medical officers i.e. P.W. 5 and P.W. 7 would be relevant. It is the submission of Mr. Paranjpe, the learned Advocate for the appellants, that the entire evidence of dying declaration is required to be discarded on the ground of improbability.