JALINDER BHIMRAO SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 6.7.2000 passed by the III Additional Sessions Judge, Nashik in Sessions Case No.210 of 1999 convicting the appellant accused under section 302 of the Indian Penal Code to suffer rigorous imprisonment for life and fine, the appellant named above has preferred this appeal.

(2.) When the matter was called out, the advocate for the accused was absent. However, taking into consideration that the accused is in jail since 1999, we thought it fit to take up the matter for adjudication on merits with the assistance of the learned Assistant Public Prosecutor. We have scrutinized the record and reappreciated the evidence on record and the prosecution case as disclosed by this scrutiny and reappreciation stated briefly is thus:

(3.) PW1 Dr.Patil examined the victim on admission to the hospital and finding her seriously burnt informed the police. On arrival of the Special Executive Magistrate, he examined the patient and certified that she was in physical and mental condition to give statement. He made an endorsement to that effect on the document which was executed as dying declaration. He has proved his endorsement. He had examined the victim after that recording of declaration was over and again certified that even after recording of the statement the witness was in fit mental and physical condition.