ASHOK TUKARAM MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Section 374 (2) of the Criminal Procedure Code, 1973, whereby the appellant-accused challenges the judgment and order rendered by Additional Sessions Judge, Sangamner, at the conclusion of Sessions Case No.18/2004 on 8th April 2005. The appellant was held guilty and convicted for the offences punishable under Sections 452, 337 and 302 of Indian Penal Code. Feeling aggrieved by findings of guilty and conviction imposed, the appellant-accused has approached this Court.

(2.) The prosecution story can be narrated, in brief, as follows.

(3.) Heard respective Counsel. To narrate their arguments in brief, it is the contention of advocate Shri Temkar for the appellant that the recorded dying declaration is a document specially manufactured for the purpose of prosecuting the accused. According to him, depositions of Subhash and Ashabai, who claimed to have heard oral dying declarations, are also not reliable, by taking into consideration inconsistencies between the recorded dying declaration and version of the victim as narrated by these two villagers. It is the contention of advocate Shri Temkar that in fact no dying declaration was recorded. Although Sitabai claims, practically, to be an eye witness, advocate Shri Temkar submits that it is difficult to swallow such a claim of Sitabai.