RIYAAS BEGUM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the appellants Riyasbegum w/o. Mohd. Ismail (hereinafter referred to as "accused No. 1") and Mohd. Altamas s/o mohd. Ismail (hereinafter referred to as "accused No. 3") impugn a judgment and order dated 7-6-2000 passed by the Sessions Judge, Aurangabad, in Sessions case No. 257 of 1999. By the impugned judgment and order, while acquitting original accused No. 2 Mohd. Imran s/o Mohd. Ismail of all the charges, the present appellants i. e. original accused Nos. 1 and 3 were held guilty of the offence punishable under section 302 read with section 34 of the Indian Penal code and were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 5,000/- each, in default to undergo further imprisonment for a period of one month.

(2.) The brief facts of the prosecution case were as follows :

(3.) After committal of the case to the Sessions Court, a charge was framed and trial against the accused commenced. In support of its case the prosecution examined child eye-witness PW 5 Mohd. Arman. To prove the first dying declaration made by Saira and reduced to writing at the stage when the medical case history was being recorded the prosecution examined PW 9 Dr. Wanole. The said doctor produced true extracts from the medical admission register which contained the history as given by Saira and the same was thus duly proved and exhibited at Exhibit 38. The prosecution examined PW 1 Abdul Rahis - brother of deceased Saira - to prove her ill-treatment and also an oral dying declaration said to have been made by Saira to him at or about 3 a. m. on 21-5-1999. PW 7 saherabee - mother of the deceased was examined to prove the ill-treatment meted out to Saira as well as to prove an oral dying declaration said to have been made by Saira to her at about 2. 40 a. m. on 21-5-1999. PW 3 Shashikant Bombale was examined to prove the first written dying declaration (Exhibit 21) said to have been made by Saira to PW 3 Bombale between 3 to 3. 20 p. m. on 21-5-1999. PW 12 Dr. Anil Deogaonkar was examined to prove the endorsement which he had made on the requisition (Exhibit 54) said to have been made by PW 3 bombale, PW 11 PSI Bahule was examined to prove the second written dying declaration said to have been made by Saira to him. Dr. Anil Deogaonkar (PW 12) was also examined to prove the endorsement on the requisition (Exhibit 45) made by PSI Bahule regarding mental state and fitness of Saira at the time of making of the endorsement. PW 11 Bahule also spoke about the investigation carried out by him. The prosecution examined other witnesses like PW 4 rakshandabegum, first wife of original accused No. 2 Mohd. Imran, PW 10 mushir - a panch to prove the spot panchanama who turned hostile and two further police witnesses being PW 6 Jawle who had received first telephonic call at 1. 45 a. m. from the Police Chowki in the hospital and PW 8 Mohd. Ismail who had been sent by the Investigating Officer to record the statement of PW 5 arman at Malegaon.