PRABHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure, 1973, by which the original accused challenges the judgment and order dated 15th January, 2007 rendered by the Additional Sessions Judge, Omerga in Sessions Case No. 26 of 2005. By the impugned judgment the appellant is held guilty for offence punishable under Sections 302 and 506 of the Indian Penal Code and sentenced to suffer life imprisonment and fine of Rs. 3,000, in default, rigorous imprisonment for six months. No separate sentence is imposed for the offence punishable under Section 506 of the Indian Penal Code.

(2.) The incident in question took place on 29.3.2005 at about 9.00 p.m. at Holi, Taluka Omerga, in front of house of the accused. The victim Babybai was wife of the accused and the marriage is more than ten years old.

(3.) The prosecution has examined only five witnesses. P.W.1-Naim Karim Shaikh is Head Constable attached to Omerga Police Station. He recorded the first dying declaration (Exh. 14) on 30.3.2005 between 00.05 and 00.30 hours. Dr. Dilip Soundade was then Medical Officer attached to the Sub-District Hospital, Omerga. He admitted the patient and recorded the history. He was also in attendance when the dying declaration was recorded by the Head Constable Nairn and had certified fitness of the patient to make a statement. Shri Vikas Gaikwad, A.S.I. (P.W.2) recorded another statement of the victim (Exh. 18) on 30.3.2005 between 05.00 and 05.30 hours. This was at the Government Hospital, Osmanabad and when he recorded the statement, Dr. Ashok Kathare (P.W.4) was the Medical Officer, who certified fitness of the patient. The last witness examined by the prosecution is Madhav Gaikwad (P.W.5) who was present when the panchanama of scene of occurrence (Exh. 26) was drawn.