SHIVAJI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by the appellant, aggrieved by the Judgment and Order dated 9th March, 2001 passed by the Additional Sessions Judge, Dhule in Sessions Case No. 13/2000, thereby convicting the appellant for the offence punishable under Section 302 of I.P. Code.

(2.) The prosecution case, in nutshell, is as under :

(3.) The learned counsel appearing for the appellant invited our attention to the Dying Declaration at Exhibit14 recorded by the Police Officer and another Dying Declaration at Exhibit25 recorded by the Executive Magistrate and submits that, there is no consistency in the statements made in dying declarations. In both dying declarations, thumb impression of the deceased Jamunabai is not attested. According to the learned counsel appearing for the appellant, both the dying declarations suffer from serious infirmities and are not believable. It is submitted that, PW4 and PW5, who were examined as eye witnesses, did not support the prosecution case. It is submitted that, the alleged oral dying declaration with PW1 has not been proved by the prosecution. It is submitted that, if the entire evidence of the prosecution is considered, it is not sufficient so as to convict the appellant, and therefore, the appellant is entitled for benefit of doubt.