SAGAR BALWANT PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.500/-, in default of which to undergo rigorous imprisonment for six months, by the Additional Sessions Judge, Kolhapur in Sessions Case No. 95 of 2009, by its judgment and order dated 12 July 2011, has questioned the correctness of his conviction and sentence by the present appeal.

(2.) The facts in brief which can be summerised from the record and as are necessary for the decision of this appeal may briefly be stated thus:

(3.) Mr. Arfan Sait, the learned Counsel for the appellant has submitted that the two written dying declarations which are at Exhibits 33 and 36respectively do not constitute legally admissible evidence as those are hit by the settle principles of law. The learned Counsel for the appellant has further submitted that there is a vast variance in the three oral dying declarations and they do not lead to a certain hypothesis and therefore on that count the said oral dying declarations cannot be relied upon. In the absence of any other evidence, the appellant is entitled for acquittal. Mrs. S.D. Shinde, the learned APP has supported the judgment and order of the learned Trial Court and prayed for dismissal of the appeal.