STATE OF MAHARASHTRA Vs. SHIVAJI NARAYAN SURYAVANSHI

JUDGEMENT

(1.) BY means of this appeal preferred under section 378 (1) Cr. P. C. the appellant has impugned the Judgment and order dated 24-8-1983 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 123/1983, acquitting the respondents for offences punishable under section 302 and 342 I. P. C. r/w 34 I. P. C. 1a. The prosecution case, briefly stated runs as under :-

(2.) THE evidence on record is that after Manda had been burnt, the respondent Shivaji took her in a rickshaw to Sasoon Hospital, Pune, where at 7. 15 a. m. , same day, P. W. 16 Dr. Bhagwat Murade medically examined her. He found that she had suffered 73% burns and was accompanied by her husband. The evidence of Dr. Murade is that at the time, when Mandas husband was not near her, he asked her about the history of her burns and she replied that while she was making tea on the stove, her sari caught fire and she got burnt. She also stated that it took sufficient time, both for her and her husband, to have extinguished the fire.

(3.) THE evidence of Mandas father Bhimrao, P. W. 1 is that same day at about 10 a. m. while he was going for work, at Dandekar Bridge, a man from Panmala Zopadpatti, met him and informed him that his daughter had been burnt. Consequently, he went home, took his wife and reached the house of the respondents. At that time, respondent Narayan was present. Respondent Shivaji was not there. He asked Narayan as to in which hospital Manda had been admitted. He did not reply. However, persons from the Zopadpatti told him that she had been taken to the Sasoon Hospital. Consequently, both he and his wife went to the Sasoon Hospital. At the said hospital, they met Manda. The evidence of Bhimrao further is that when he had asked her as to how she had sustained the burns, she told him that Shivaji had poured kerosene oil on her person and Narayan had set her on fire. From the evidence on record it appears that this oral dying declaration was made by Manda prior to her making a dying declaration to the Special Executive Magistrate Dyaneshwar Shirwalkar, P. W. 9.