STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER, POLICE STATION CHANNI, AKOLA, TQ & DISTT AKOLA Vs. KANCHAN SANJAY GHAYWAT

JUDGEMENT

(1.) This is an appeal by the State/prosecution challenging the acquittal of the respondent Nos. 1 to 3 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

(2.) The case of the prosecution against the respondents in nutshell is as under.

(3.) Heard learned Additional Public Prosecutor Mrs. Deshmukh for the appellant/State. She has submitted that prosecution has proved dying declaration, Exhibit 30. P.W. 1 has stated that he recorded the dying declaration. He has stated in his evidence that he obtained the certificate of doctor. Patient was in a fit state of condition to make a statement. Thereafter, he recorded dying declaration of deceased.