MILIND RAMCHANDRA GHARAT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant who stands convicted for the offence punishable under sections 302, 452 and 354 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.25,000/- in default of which to undergo R.I. for 3 years and to pay a fine of Rs.2000/-in default of which further R.I. for 3 months and R.I.for 6 months and to pay fine of Rs.500/- in default to undergo further S.I. for 15 days respectively, by the Sessions Judge, Raigad- Alibag by Judgment dated 3rd March 2014 by this appeal questions the correctness of his conviction and sentence.

(2.) PW 13 - API Suresh Warankar who on 16th May 2007 was attached to Panvel city police station and was on duty received a telephone call from Gandhi Hospital at 10.45 a.m. He was informed about admission of injured Pratibha and the appellant in hospital with injuries. He accordingly proceeded to the hospital for recording the dying declaration. On reaching hospital, he contacted Resident Medical Officer and requested him to ascertain if the injured were in a fit condition to give their statements. The Medical Officer on examining the injured opined that injured Pratibha was in a fit condition to give her statement. PW 13 - API Suresh Warankar accordingly recorded the dying declaration of Pratibha at Exhibit 52. In the said dying declaration, Pratibha had disclosed that the appellant as usual had come to her house and had poured kerosene on her from a can and had set her ablaze. PW 13 -API Suresh Warankar thereafter obtained thumb impression of Pratibha on the dying declaration and also requested the Medical Officer to put his endorsement on the dying declaration. He thereafter, recorded statement of the appellant at Exhibit 53. After coming to the police station, he forwarded both statements to NRI Sagari police station and also intimated NRI Sagari police station on telephone.

(3.) PW 11 - PSI Sambhaji Salokhe who on 16th May 2007 was attached to NRI Sagari police station was handed over the dying declaration of Pratibha by PW 12- Sr.P.I. Kisan Bahure. On the basis of dying declaration of Pratibha at Exhibit 52 he registered an offence vide Crime No.I-44/2007 under section 307 of the Indian Penal Code. PW 11- PSI Sambhaji Salokhe along with PW 12- Sr.P.I. Kisan Bahure proceeded to the scene of the incident. On reaching the scene of the incident, he noticed half burnt clothes as well as a half burnt shirt. One mobile hand set was also found. A kerosene can, match box and a burnt matchstick were found. A cash memo in the name of Ravindra Kathor Patil was also found there. These articles were seized from the scene of incident and a panchanama was drawn in presence of witnesses at Exhibit 40. Photographs of the scene of the incident were taken. Statements of witnesses were recorded. Further investigation was then entrusted to PW 12-Sr.P.I.Kiran Bahure who was attached to NRI Sagari police station with investigation of Crime No.I-44/2007.