STATE OF MAHARASHTRA Vs. SHAIKH ALI SHAIKH

JUDGEMENT

(1.) This judgment disposes of appeal by State and Revision by original complainant, challenging the acquittal of respondents by the learned Additional Sessions Judge, Malegaon for offences punishable under sections 498-A, 302 read with sections 34, 304-B (2) or 306 read with section34 of the Indian Penal Code.

(2.) Respondents came to be prosecuted after death of complainant daughter Nargis of burn injuries. It was alleged that the respondents had made demand of Rs. 5,000/- from parents of Nargis and on account of failure of her parents to satisfy this unlawful demand, respondents set Nargis ablaze in the morning of 25-9-1995. Before succumbing to her injuries in hospital, Nargis made a dying declaration stating about involvement of respondents in the ghastly act. On report by her father, police registered an offence, arrested the accused, recorded the statement of witnesses and on completion of investigation charge-sheeted the accused before the learned Judicial Magistrate, First Class, Malegaon.

(3.) The learned Additional Public Prosecutor strenuously canvassed that the learned Additional Sessions Judge grossly erred in discarding the dying declaration of Nargis on the wholly untenable ground that Nargis, being Muslim, would have ordinarily made a statement in Hindi, whereas the dying declaration was recorded in Marathi.