UMESH NAGNATH JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Criminal Appeal under Section 374 of Cr.P.C. is filed by the original accused nos.1 and 3 , feeling aggrieved by their conviction and sentence for an offence punishable under Section 302 of the I.P. Code. The revision is filed by the complainant since he desires to challenge the acquittal of original accused nos.2 and 4. Both the matters arise out of the judgment and order rendered by 2nd Ad hoc Additional Sessions Judge, Osmanabad in Sessions Case No.91 of 2005. All four accused were tried for offences punishable under sections 498A, 302 r.w. 34 I.P.C. and accused nos.1 and 3 were also charged for an offence of bigamy under Section 494 of I.P.C. At the conclusion of the trial on 20.4.2006, the learned Sessions Judge has held the original accused nos.1 and 3 guilty for offence punishable under Section 302 r.w. 34 of I.P.C. They are acquitted so far as charges under Section 498A r.w. 34 and 494 of I.P.C. are concerned. Accused Nos.2 and 4 are exonerated of both the charges levelled against them.

(2.) The accused no.1 is husband of deceased Sunita. Sunita is first wife married to accused no.1 about eight years ago. Accused No.3 Asha is his second wife married to him a couple of years after first marriage with deceased Sunita. Accused Nos.2 and 4 are father and mother of the accused no.1 Umesh.

(3.) Her dying declaration was recorded by P.W.1 Vilas Gaikwad, A.S.I. attached to Police Chowki within the premises of the Civil Hospital. This was recorded between 0140 hours to 0220 hours.