YUSUF FARUKH SONGADIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment of conviction and order of consequential sentence passed by learned Addl. Sessions Judge, Nandurbar (trial court) in Sessions Case No.13 of 2018 on 29/2/2020. Vide the impugned order, the appellant has been convicted for the offence punishable under Sec. 302 of Indian Penal Code and therefore, sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000.00 (Rupees One Thousand), with default stipulation.

(2.) The facts, giving rise to the present appeal, are as follows:-

(3.) A medico-legal case was registered. No sooner the victim was admitted to the hospital, the police official (PW 7 - Sangita Kadam, PSI) recorded her statement after having verified the victim from the Doctor that she was conscious oriented to make a statement. The statement of the victim was also recorded by the Executive Magistrate the way it was recorded by the police official. Both the statements of the victim became her dying declarations. Based on her statement, crime, vide C.R. No.20 of 2018 was registered, initially, for offence under Sec. 307 of Indian Penal Code and on her demise, Sec. 302 of Indian Penal Code came to be invoked.