DEVANAND @ GHANTYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 29th of April 1999 passed in Session Trial No. 162 of 1995 by the Additional Sessions Judge, Akola, whereby appellant came to be convicted for the offence punishable under Section 498-A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 300/-, in default to suffer R.I. for six months. Appellant is further convicted for the offence punishable under Section 306 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for six years and to pay fine of Rs. 500/-, in default to suffer R.I. for one year. Prosecution case can briefly be stated as follows-

(2.) On sustaining burn injuries, Rajkanya was admitted to Civil Hospital, Akola of which intimation was received by P.S.O. Borgaon Manju on the same day. Accordingly, PW 2 ASI Khandare issued requisition vide Exh. 33 to PW 9 Mohd. Siddiqui, Special Judicial Magistrate, for recording dying declaration. Dying declaration was recorded on the same day on 25th of July, 1995 by PW 9 Mohd. Abdul Siddiqui, vide Exh. 44 in the presence of P.W. 10 Dr. Bhalchandra Deshmukh who, prior to recording and after recording the dying declaration, had issued medical endorsement at Exh. 44-C and 44-D, respectively. In her dying declaration Rajkanya stated about ill-treatment provided to her by the appellant due to which she committed suicide.

(3.) On the basis of dying declaration, offence vide Crime No. 0 of 1995 was registered by P.S.O. City Kotwali, Akola for the offence punishable under Section 498-A of the Indian Penal Code. Papers of investigation of the said crime came to be forwarded to Borgaon Manju Police Station where PW 13 Ganesh Wakode registered Crime No. 150 of 1995 vide FIR Exh. 49. Further investigation was carried out by PW 12 Manikrao Gawande, API, during course of which he visited spot of incident and drew spot panchanama (Exh. 19) which was house of the appellant. On 26th of July, 1995 Rajkanya died while she was under medical treatment of which intimation was received by PW 2 Motiram, A.S.I., vide Exh. 31. Accordingly, offence punishable under Section 306 of the Indian Penal Code came to be added in this Crime. During the course of further investigation, statements of witnesses came to be recorded. On death of Rajkanya, PW 6 Dhanraj - brother of deceased lodged his report (Exh. 40) which was recorded by PW 7 Namdeo Tayde, H.C.B. No. 1633 against the appellant who was accordingly arrested. On completion of investigation, charge-sheet came to be filed against the appellant before the Court of Judicial Magistrate (F.C.), Akola. In the course of time, case came to be committed to the Court of Sessions for its trial. Charge was framed against the appellant for above offence vide Exh. 11 to which he pleaded not guilty and claimed to be tried Plea of appellant is at Exh. 12. The defence of appellant is of denial and in alternative of deceased sustaining injuries accidentally.