LAWS(BOM)-2015-2-323

YOSEPH Vs. THE STATE OF MAHARASHTRA AND ORS.

Decided On February 10, 2015
Yoseph Appellant
V/S
THE STATE OF MAHARASHTRA AND ORS. Respondents

JUDGEMENT

(1.) By the present Revision, the applicant, who is the father of deceased Sushila alias Tereja is questioning the correctness of the judgment and order of acquittal passed by the learned 1st Ad hoc Additional Sessions Judge, Aurangabad, dated 21.10.2002 in Sessions Case No. 247 of 2002, whereby the learned Judge of the court below acquitted the respondents for the offence punishable under Sections 302, 498-A r/w. 34 of the Indian Penal Code. I have heard Shri Tandale, advocate holding for Shri A.B. Kale, learned counsel in extenso for the applicant/complainant and also Shri Mujtaba Gulam Mustafa and R.A. Jaiswal, learned counsel for original accused and Shri S.A. Ambad, learned Additional Public Prosecutor for the State.

(2.) Sushila was admitted in the hospital by name Sakhar Kamgar Hospital, Shrirampur. Dr. Sharad Satpute (PW 5) was a medical officer of the said hospital. He admitted Sushila in the hospital. On admission, the intimation was given to the police. Shripat Laxman Pawar (PW 6) was the Naib Tahsildar at Shrirmapur at the relevant time. On 2.5.2002 he received communication from the police station Shrirampur in respect of recording of the statement of Sushila. Accordingly, he proceeded to the said hospital. There he met to Dr. Satpute. Dr. Satpute on her examination found that the patient was fit to give her statement. Accordingly, he scribed her statement. The said statement is at Exh. 41.

(3.) On 2.6.2002 another dying declaration of Sushila was recorded by again Shripat Pawar (PW 6). The said dying declaration is at Exh. 38. The said dying declaration was treated as first information report. On the basis of the same the offence was registered against the accused persons vide Crime No. 21 of 2002 for the offence punishable under Section 498-A, 307 r/w. 34 of the Indian Penal Code. After the death of Sushila, Section 302 of the Indian Penal Code was added.