SHAHAJI ASHRUBA FALAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374[2] of the Criminal Procedure Code, 1973 [hereinafter referred to as ' Cr.P.C '] is directed against the Judgment and Order dtd. 07/12/2021, passed by the learned Additional Sessions Judge, Beed, in Sessions Case No.87/2016. The Appellants are convicted and sentenced as under :-

(2.) The Prosecution's case, as revealed from the Police Report, is as under :-

(3.) It is submitted by the learned Senior Advocate for the Appellant that, the father of Deceased and the witness, who carried the Deceased to the Hospital, did not support the case of Prosecution. Though, two daughters of the Deceased were sleeping with her at the time of incident, there is no evidence of kerosene on them. The daughter, who was sleeping with the Deceased, is not examined as the witness, though her statement was recorded on very next day of the incident. The evidence of treating Doctor shows that, the history given at the time of admission of Deceased to the Hospital was, due to stove fre. The evidence of Medical Ofcer shows that, initially, the patient was not in a condition to give the statement, however, it has further come in the evidence of Medical Ofcer that, the patient was in a position to give the statement. There is no evidence to show as to how the patient got conscious after sometime to give the statement and therefore, the said evidence of Medical Ofcer cannot be believed. The Deceased was the resident of a village and the language of Dying Declarations [hereinafter referred to as 'D.D/ D.Ds'] cannot be that of the Deceased. Though the D.Ds show the endorsements by the Doctor in respect of ftness to give the statement, the said endorsements were taken subsequently. Therefore, the frst D.D is shrouded with suspicion and the same needs to be discarded.