DATTATRAYA ARJUN BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order of conviction and consequential sentence dtd. 3/5/2017, passed by learned Sessions Judge, Ahmednagar (Trial Court) in Sessions Case No.188 of 2015. Vide the impugned and order, the appellant has been convicted for the offences punishable under Ss. 302 and 323 of Indian Penal Code and therefore, sentenced to suffer life imprisonment and to pay a fine of Rs.1,000.00 and simple imprisonment, respectively, with default stipulation.

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

(3.) On her admission to the hospital, a medico-legal case was registered. The police official on duty (PW10) recorded her statement, which, lateron, became her dying declaration (Exh.59). He also availed services of the Special Executive Magistrate to have recorded her statement. Before and after recording her statements, the Medical Officers on duty certified Suvarna to be conscious oriented to make a statements. In her both the statements (dying declarations), she narrated the incident of the appellant to have set her ablaze. Her brother (PW3-Shivaji) was informed. He along with his relations, rushed to the hospital. Suvarna orally informed him of having been set ablazed by the appellant. On the third day, Suvarna succumbed to the burn injuries.