(1.) This Appeal is filed by the appellantState, challenging the judgment and order of acquittal passed by the Sessions Judge, Jalgaon, dated 28th February, 2001 in Sessions Case No.321/1994, thereby acquitting the respondent no.1 i.e. accused no.1, for the offence punishable under Section 302 of the Indian Penal Code, and also acquitting the respondent nos.1, 3 and 4 i.e. accused nos.1, 3 and 4, for the offence punishable under Section 498A r/w. 34 of the Indian Penal Code.
(2.) The Prosecution Case In Nutshell Is as under:
(3.) Jagannath Bhirud, an Executive Magistrate, Bhusawal, on receipt of the request letter from the City Police Station, Bhusawal, went to the Municipal Hospital, Bhusawal. He met Dr.Mahajan and informed him that he has come to record the dying declaration of Vandana. Dr.Mahajan took Mr.Jagannath Bhirud to Vandana. The Medical Officer informed Mr.Bhirud that Vandana was conscious, and can give statement. Thereafter, Mr.Bhirud recorded the dying declaration of Vandana.
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