ASHOK DADARAO SABLE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been filed by the original accused No.1 who has been convicted by the Additional Sessions Judge, Majalgaon in Sessions Case No.32 of 2012 on 1 st April 2013 under Section 302 of the Indian Penal Code, 1860 ("I.P.C." in short) and has been sentenced to suffer life imprisonment with fine of Rs.5,000/- and in default of payment of fine to suffer rigorous imprisonment for three months. The Appellant has also been convicted under Section 498-A of the I.P.C. and sentenced to suffer rigorous imprisonment for three years with fine of Rs.5000/- and in default of payment of fine to suffer rigorous imprisonment for three months. Both the sentences were directed to run concurrently.

(2.) The prosecution case, in a nut-shell, is as under:-

(3.) The prosecution claims homicidal death of Anita, whereas as per the case of the accused, it was accidental. The case of the prosecution rests upon two dying declarations, one recorded by A.S.I. Shingare (PW-3) on 18th March 2012 (Exhibit 28) and another dying declaration (Exhibit 23) recorded by Naib- Tahsildar Gore (PW-1). As per the prosecution case, there was oral dying declaration by the deceased to her father Machhindra (PW-5). In support of its case, the prosecution also examined Medical Officers Dr. Tak (PW-2) and Dr. Dhoot (PW-7). The prosecution also examined Police Head Constable Bombale (PW-4), Police Inspector Kurumkar (PW-6). In their defence, the accused examined Dr.Wagh (DW-1).