PRABHAKAR WAMANRAO SALVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant stands convictred for an offence punishable under section 302 of the I. P. C. on the ground that on 20. 11. 2004 at 7. 00 a. m. the appellant had poured kerosene on Neeta and had set her ablaze. For the aforesaid offence, the appellant has been sentenced to be hanged till death by the II Additional Sessions Judge, Jalna, by judgment dated 25. 4. 2005 in Sessions Case No. 1 of 2005. Trial Court has accordingly made a reference to this Court for confirmation of the sentence of death passed on the appellant. The appellant has filed Criminal Appeal No. 306 of 2005 challenging his conviction and sentence and praying for acquittal. Since both these matters arise from the same judgment of the trial Court, the Confirmation Case and the appeal filed by the appellant are being decided by this common judgment.

(2.) As stated by us earlier, the appellant stands convicted for an offence punishable under section 302 of the I. P. C. and is sentenced to be hanged till death. The appellant is alleged to have committed murder on 20. 11. 2004 at 11. 00 a. m. of his mistress by name Neeta with whom the appellant was residing. The facts which emerge from the prosecution evidence and which according to us are essential for the decision of this case are stated thus:

(3.) P. W. 9 Shriram Pandit, Police Constable attached to Police Station kadim Jalna, was on duty at the Police Chowky of the Civil Hospital, jalna on 20. 11. 2004. One Neeta Prabhakar Salve, aged 24 years, was admitted by her relatives with burn injuries. He accordingly received the m. L. C. from the Medical Officer on duty. The said M. L. C. is at Exh. 25. P. W. 9 Head Constable Shriram Pandit accordingly informed on telephone to Police Station Kadim, Jalna, about the receipt of M. L. C. at Exh. 25 and submitted his report to the Police Station, Kadim, Jalna by visiting the police Station along with the dying declaration recorded by P. S. I. Shaikh and M. L. C. at Exh. 25. P. W. 10 Mithu Gawali, Head Constable attached to police Station Taluka Jalna, was also on duty at the Police Chowky in civil Hospital, Jalna. He took a requisition addressed to the Executive magistrate for recording the dying declaration of injured Neeta. The said requisition is at Exh. 21. Naib Tahsildar, P. W. 5 Mrs. Sangeeta Warade, received the said requisition for recording the dying declaration at 10. 55 a. m. P. W. 11 P. S. I. Shaikh Sattar, who was attached to Police Station, Kadim jalna, as P. S. I, was apprised of the receipt of M. L. C. at Exh. 25 when the investigation was handed over and entrusted to him. He immediately proceeded to Civil Hospital, Jalna, along with the M. L. C. and the report at Exh. 31 and reached the Civil Hospital in between 10. 30 to 10. 45 a. m. As per the vernacular deposition, the timing which is given is in between 10. 30 to 10. 45 a. m. According to him, he noticed the Executive Magistrate p. W. 5 Mrs. Sangeeta Warade recording the statement of injured Neeta and then at 11. 00 a. m. he had proceeded to burns ward to record the statement of injured Neeta and had obtained the endorsement of the medical Officer, P. W. 4 Dr. Rameshchandra Sharma. The dying declaration recorded by P. W. 11 Sk. Sattar is at Exh. 34 while the dying declaration recorded by P. W. 5 Mrs. Sangeeta Warade, Naib Tahsildar, is at Exh. 23. Dying declaration at Exh. 23 was recorded in between 11. 00 a. m. to 11. 25 a. m. while on the dying declaration at Exh. 34, no time is stated but from the evidence of P. W. 11 Sk. Sattar, the said statement was recorded between 10. 50 a. m. to 11. 00 a. m. On both the dying declarations the Medical Officer, p. W. 4 Dr. Rameshchandra Sharma has given his endorsement that injured neeta was conscious and the time which is stated beneath the endorsement is 11. 00 a. m. On the basis of Exh. 34 an offence came to be registered against the appellant at 11. 45 a. m. for offence punishable under section 307 of the i. P. C. Injured Neeta who had sustained more than 90 per cent burn injuries was initially examined by P. W. 6 Dr. Rajendra Ambhore, on her admission to the Civil Hospital, Jalna. Dr. Ambhore had recorded the history as narrated by injured Neeta as "history of burns by stove. " The copy of the m. L. C. register is at Exh. A.