SAU. REENA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has challenged judgment and order dated 24/02/2010 passed by the Court of Sessions Judge, Akola (trial court) in Sessions Trial No. 2 of 2009, whereby she has been convicted under section 304 Part I of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 2000/-, The co-accused (husband of the appellant) was acquitted by the trial court.

(2.) The prosecution case in brief was that Anita (the deceased) was divorced from her husband and that she and her son were living in the house of her parents in Murtizapur. The said Anita had developed relationship with Kailash Gunjal (husband of appellant and co-accused). It was alleged that the said Kailash Gunjal treated the said Anita as a second wife and he used to frequently visit her in the house of her parents. According to the prosecution, on 05/09/2008, in the evening, the appellant and her husband i.e. Kailash Gunjal came to the house where the said Anita was living. After a quarrel, they poured kerosene on her and the appellant threw a burning matchstick on Anita causing 90% burn injuries to her.

(3.) After the incident, the appellant ran away from the place while her husband, co-accused Kailash Gunjal, took the said Anita to the hospital. A memo was sent from police station to Bhaskar Bhagwat (PW1) the Executive Magistrate for recording dying declaration of the said Anita. Pursuant to the same, PW 1 went to the hospital and recorded the dying declaration of Anita. Before doing so, he contacted Dr Sanjay Pawar (PW 8) to ascertain whether the said Anita was in a fit condition to give the dying declaration. The doctor PW 8 gave the endorsement stating that the patient was able to give dying declaration, upon which the Executive Magistrate (PW1) recorded the dying declaration (Exhibit 18) of Anita.