PURUSHOTTAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted for the offence punishable under Sections 498 -A and 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1,000/ -, in default of which to undergo further rigorous imprisonment for 1 and 1/2 months and imprisonment for life and to pay a fine of Rs. 1,000/ -, in default further to undergo rigorous imprisonment for 6 months, by the Extra Joint Ad -hoc Additional Sessions Judge, Chandrapur, by the judgment dated 15/2/2012 in Sessions Case No. 56/2011, by this appeal questions the correctness of his conviction and sentence.

(2.) FACTS , as are necessary for the decision of this appeal, may briefly be stated thus:

(3.) POSTMORTEM on the dead body of deceased Pratibha was performed by P.W.12 Dr. Sheetal Todase, who noticed that deceased Pratibha had sustained 99% burns. Deceased Pratibha succumbed to her injuries on 4/1/2011. According to P.W.12 Dr. Todase, the deceased had died due to 99% burns with hypo volumic shock. The postmortem report is at Exh. 44. On case being committed to the Court of Sessions by the trial Court, vide Exh. 6 charge was framed against the appellant for the offence punishable under Sections 498A and 302 of the Indian Penal Code. The appellant denied his guilt and claimed to be tried. The defence of the appellant was of denial. The prosecution, in support of it's case, examined 14 witnesses. The trial Court relied on two circumstances (1) the oral dying declaration of deceased Pratibha to P.W.9 Vivekanand and (2) the presence of the appellant at the scene of the incident as deposed to by P.W.3 Shri Nanaji and P.W.6 Shri Ashok to prove the offence against the appellant beyond reasonable doubt.