AJAY DIGAMBER DEOGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant was chargesheeted for committing murder of his wife. Learned Additional Sessions Judge, Chandrapur acquitted the appellant for the offence punishable under Section 304B of the Indian Penal Code and convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/ in default to suffer further simple imprisonment for three months. Being aggrieved by the judgment of conviction in Sessions Case No. 119/2004 dated 12-4-2005, appellant has filed the present appeal.

(2.) The case of the prosecution against the appellant in short is as under.

(3.) Prosecution mainly relied on the written dying declaration, Exhibit 43 recorded by P.W. 8. Prosecution has also relied on the dying declaration recorded on video camera by P.W. 4 Rajesh Alone of Search T.V. channel. Prosecution also relied on oral dying declaration stated by deceased to P.W. 2 Mahadeo Narayane and P.W. 6 Vilas Nagarale.