SANTOSH ARJUN SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is accused in Sessions Case No. 282 of 1993 in the Court of Additional Sessions Judge, Pune. He impugned the Judgment in this ap-peal. He was convicted and sentenced under Section 302 I.P.C. and ordered to undergo life imprisonment and also to pay a fine of Rs. 1,000/- in default to undergo further simple imprisonment for six months.

(2.) THE charge against him was that, on 8th of February, 1993, at about

(3.) P .W. 9 Vinayak Jadhav, enquired with the doctor as to whether Sunita was in a position to talk consciously. Doctor Sethia answered in the af-firmative and Dr. Sethia had permitted him to record the statement of Sunita. P.W. 9 stated before the Court that, Dr. Sethia was also present at the time of recording the statement. He also spoken that the statement of Sunita was recorded as per her own say and at her own dictation. After recording the statement she had put her signature on her statement. Dr. Sethia also put his endorsement below the statement to the effect that the patient was fully conscious at the time of recording of statement. He also stated that after all these persons signed, he also signed and this state-ment has been treated as a first information report in this case and crime No. 2/93 was registered.