MOTANBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal appeal is filed challenging the judgment and order dated 17/10/2000 passed by the Additional Sessions Judge, Shahada in Sessions Case No. 36 of 1999 convicting the appellant therein, for the offence punishable under Section 302 of the Indian Penal Code. The appellant accused is sentenced to suffer Rigorous Imprisonment for life, and to pay a fine of Rs.1000/, in default to payment of fine, she has to undergo further Rigorous Imprisonment for one year. The appellantaccused is acquitted of an offence punishable under Section 498(A) read with Section 34 of the Indian Penal Code.

(2.) The case of the prosecution can be briefly narrated as under :

(3.) It is further case of the prosecution that, PW1 Sk. Musa, then Nayab Tahsildar from Tahsil office, Shahada recorded dying declaration of Sangitabai in presence of Medical Officer in the Municipal Hospital at Shahada. After receiving information of the incident, P.S.I. Chindhu Mahajan directed Head Constable Daulat Mali to visit Municipal Hospital, Shahada and record the statement of patient Sangitabai. Accordingly, H.C. Daulat Mali came to Municipal Hospital, Shahada and recorded the statement of Sangitabai in presence of Medical Officer in the Municipal Hospital, Shahada. On the basis of said statement (Exhibit33) offence came to be registered vide Crime No. 30 of 1999 under Section 307, 498(A) read with Section 34 of the Indian Penal Code. The Investigating Officer P.S.I. Chindhu Mahajan then visited the place of incident and drew panchnama of scene of offence (Exhibit 20) in presence of panchas and sealed one bottle smelling kerosene, piece of saree greenish black coloured, earth smelling kerosene, simple earth and match box.